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REPORT 



OF THE 



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JOINT COMMITTEE ON RECONSTRUCTION, 



AT THE 



FIRST SESSION THIRTY-NINTH CONGRESS. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1866. 



IN THE SENATE OF THE UNITED STATES, 

December 5, 1865. 

A message from the House of Representatives, by Mr. McPherson, its Clerk : 
The House of Representatives has passed the following resolution, ill which it requests the 
concurrence of the Senate : 

Resolved by the Senate and House of Representatives in Congress assembled, That a joint 
committee of fifteen members shall be appointed, nine of whom shall be members of the 
House and six members of the Senate, who shall inquire into the condition of the States 
which formed the so-called Confederate States of America, and report whether they, or any 
of them, are entitled to be represented in either house of Congress, with leave to report at 
any time, by bill or otherwise ; and until such report shall have been made, and finally acted 
on by Congress, no member shall be received into either house from any of the said so-called 
Confederate States ; and all papers relating to the representation of said States shall be re 
ferred to the said committee without debate. 

^ 
DECEMBER 12, 1865. 

The Senate proceeded to consider the resolution of the House of Representatives for the 
appointment of a joint committee of the two houses, to consist of fifteen members, to inquire 
into the condition of the States which formed the so-called Confederate States of America ; and 

The resolution was amended and agreed to, as follows : 

Resolved by the House of Representatives, (the Senate concurring,) That a joint committee 
of fifteen members shall be appointed, nine of whom shall be members of the House and six 
members of the Senate, who shall inquire into the condition of the States which formed 
the so-called Confederate States of America, and report whether they, or any of them, are 
entitled to be represented in either house of Congress ; with leave to report at any time, by 
bill or otherwise. 

DECEMBER 13, 1865. 

A message from the House of Representatives, by Mr. McPherson, its Clerk : 
The House of Representatives has agreed to the amendments of the Senate to the resolu 
tion of the House for the appointment of a joint committee to inquire into the condition of 
the States which formed the so-called Confederate States. 

Attest: J. W. FORNEY, Secretary. 

Committee on the part of the Senate. 

William P. Fessenden, Maine. Jacob M. Howard, Michigan. 

James W. Grimes, Iowa. Reverdy Johnson, Maryland. 

Ira Harris, New York. George H. Williams, Oregon. 

Committee on the part of the House of Representatives, 

Thaddeus Stevens, Pennsylvania. Roscoe Conkling, New York. 

Ellihu B. Washburne, Illinois. George S. Boutwell, Massachusetts. 

Justin S. Morrill, Vermont. Henry T. Blow, Missouri. 

Henry Grider, Kentucky. Andrew J. Rogers, New Jersey. 
John A. Bingham, Ohio. 



IN THE SENATE OF THE UNITED STATES, 

January 12, 1866. 

Pesohed by the Senate, (the House of Representatives concurring,) That the joint com 
mittee appointed to inquire into the condition of the States which formed the so-called Con 
federate States be authorized to send for persons and papers. 

Attest: J. W. FORNEY, Secretary, 

By W. J. MCDONALD, Chief Clerk. 



IV RECONSTRUCTION. 



IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, 

January 16, 186G, 

Resolved, That the House concur in the foregoing resolution of the Senate. 

Attest: EDWARD McPHERSON, Clerk. 



IN THE HOUSE OF REPRESENTATIVES, 

December 14, 1865. 

On motion of Mr. Wilson, 

Resolved, That all papers which may be offered relative to the representation of the late 
so-called Confederate States of America, or either of them, shall be referred to the joint com 
mittee of fifteen without debate, and no members shall be admitted from either of said so- 
called States until Congress shall believe such States, or either of them, entitled to repre 
sentation. 

Attest: EDWARD McPHERSON, Clerk. 



IN THE SENATE OF THE UNITED STATES, 

January 22, 1806. 

Resolved, That, until otherwise ordered, all papers presented to the Senate relating to the 
condition and title to representation of the so-called Confederate States shall be referred to 
the joint committee upon that subject. 

Attest: J. W. FORNEY, Secretary. 



The following joint resolution and bills were reported to the Senate and House of Repre 
sentatives April 30, 1866, viz : 

JOINT RESOLUTION proposing an amendment to the Constitution of the United States. 

Be it enacted by the Senate and House of Representatives of the United States of America in 
Congress assembled, (two- thirds of both houses concurring,) That the following article be 
proposed to the legislatures of the several States as an amendment to the Constitution of the 
United States, which, Avhen ratified by three-fourths of said legislatures, shall be valid as 
part of the Constitution, namely : 

ARTICLE . 

SECTION 1. No State shall make or enforce any law which shall abridge the privileges or 
immunities of citizens of the United States ; nor shall any State deprive any person of life, 
liberty, or property without due process of law, nor deny to any person within its jurisdic 
tion the equal protection of the laws. 

SECTION 2. Representatives shall be apportioned among the several States which may be 
included within this Union, according to their respective numbers, counting the whole num 
ber of persons in each State, excluding Indians not taxed. But whenever in any State the 
elective franchise shall be denied to any portion of its male citizens not less than twenty-one 
years of age, or in any way abridged, except for participation in rebellion or other crime, the 
basis of representation in such State shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens not less than twenty- one 
years of age. 

SECTION 3. Until the fourth day of July, in the year one thousand eight hundred and 
seventy, all persons who voluntarily adhered to the late insurrection, giving it aid and com 
fort, shall be excluded from the right to vote for representatives in Congress and for electors 
for President and Vice-President of the United States. 

SECTION 4. Neither the United States nor any State shall assume or pay any debt or obli 
gation already incurred, or which may hereafter be incurred, in a id of insurrection or of war 
against the United States, or any claim for compensation for loss of involuntary service or 
labor. 

SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the pro 
visions of this article. 



RESOLUTIONS, COMMITTEE, ETC. V 

A BILL to provide for restoring to the States lately in insurrection their nil political rights. 

Whereas it is expedient that the States lately in insurrection should, at the earliest day 
consistent with the future peace and safety of the Union, be restored to full participation in 
all political rights; and whereas the Congress did, by joint resolution, propose for ratification 
to the legislatures of the several States, as an amendment to the Constitution of the United 
States, an article in the following words, to wit : 

"ARTICLE . 

"SECTION 1. No State shall make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States ; nor shall any State deprive any person of life, 
liberty, or property, without due process of law; nor to deny to any person within its juris 
diction the equal protection of the laws. 

"SECTION 2. Representatives shall be apportioned among the several States which may 
be included within this Union, according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. But whenever, in any State, 
the elective franchise shall be denied to any portion of its male citizens not less than twenty- 
one years of age, or in any way abridged, except for participation in rebellion or other crime, 
the basis of representation in such States shall be reduced in the proportion which the num 
ber of such male citizens shall bear to the whole number of male citizens not less than twenty- 
one years of age. 

"SECTION 3. Until the fourth day of July, in the year one thousand eight hundred and 
seventy, all persons who voluntarily adhered to the late insurrection, giving it aid and com 
fort, shall be excluded from the right to vote for representatives in Congress and for electors 
for President and Vice- President of the United States. 

"SECTION 4. Neither the United States nor any State shall assume or pay any debt or 
obligation already incurred, or which may hereafter be incurred, in aid of insurrection or of 
war against the United States, or any claim for compensation for loss of involuntary service 
or labor. 

"SECTIONS. The Congress shall have power to enforce by appropriate legislation the 
provisions of this article:" 

Now, therefore 

Be it enacted ly the Senate and House of Representatives of the United States of America 
in Congress assembled, That whenever the above-recited amendment shall have become part 
of the Constitution of the United States, and any State lately in insurrection shall have rati 
fied the same, and shall have modified its constitution and laws in conformity therewith, the 
senators and representatives from such State, if found duly elected and qualified, may, after 
having taken the required oaths of office, be admitted into Congress as such. 

SEC. 2. And be it further enacted, That when any State lately in insurrection shall have 
ratified the foregoing amendment to the Constitution, any part of the direct tax under the act 
of August five, eighteen hundred and sixty-one, which may remain due and unpaid in such 
State, may be assumed and paid by such State ; and the payment thereof, upon proper assu 
rances from such State to be given to the Secretary of the Treasury of the United States, may 
be postponed for a period not exceeding ten years from and after the passage of this act. 

A BILL declaring certain persons ineligible to office under the government of the United 

States. 

Be it enacted by the Senate and House of Representatives of the United States of America in 
Congress assembled, That no person shall be eligible to any office under the government of 
the United States who is included in any of the following classes, namely: 

First. The President and Vice-President of the Confederate States of America, so called, 
and the heads of department thereof. 

Second. Those wlio in other countries acted as agents of the Confederate States of America, 
fo called. 

Third. Heads of departments of the United States, officers of the army and navy of tho 
United States, and all persons educated at the Military or Naval Academy of the United 
States, judges of the courts of the United States, and members of either house of the thirty- 
sixth Congress of the United States, who gave aid or comfort to the late rebellion. 

Fourth. Those who acted as officers of the Confederate States of America, so called, above 
the grade of colonel in the army or master in the navy ; and any one who, as governor of 
either of the so-called Confederate States, gave aid or comfort to the late rebellion. 

Fifth. Those who have treated officers or soldiers or sailors of the army or navy of the 
United States, captured during the late war, otherwise than lawfully as prisoners of war. 



VI RECONSTRUCTION. 



The following is the joint resolution proposing an amendment to the Constitution of tho 
United States, as passed finally June 13, 1866 : 

JOINT RESOLUTION proposing an amendment to the Constitution of the United States. 

Resohcd by the Senate and House of Representatives of the United States of America in Con 
gress assembled, (two-thirds of both houses concurring,) That the following article be pro 
posed to the legislatures of the several States as an amendment to the Constitution of the 
United States, which, when ratified by three-fourths of said legislatures, shall be valid as 
part of the Constitution, namely : 

ARTICLE 14. 

SECTION 1. All persons born or naturalized in the United States, and subject to the juris 
diction thereo f , are citizens of the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the privileges or immunities of citi 
zens of the United States ; nor shall any State deprive any person of life, liberty, or property, 
without due process of law, nor deny to any person within its jurisdiction the equal protec 
tion of the laws. 

SEC. 2. Representatives shall be apportioned among the several States according to their 
respective numbers, counting the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the choice of electors for President 
and Vice-President of the United States, representatives in Congress, the executive and 
judicial officers of a State, or the members of the legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in rebellion or other crime; the basis 
of representation therein shall be reduced in the proportion which the number of such maid 
citizens shall bear to the whole number of male citizens twenty-one years of age in such 
State. 

SEC. 3. No person shall be a senator or representative in Congress, or elector of President 
and Vice-President, or hold any office, civil or military, under the United States, or under 
any State, who, having previously taken an oath, as a member of Congress, or as an officer 
of the United States, or as a member of any State legislature, or as an executive or judicial 
officer of any State, to support the Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. 
But Congress may, by a vote of two-thirds of each house, remove such disability. 

SEC. 4. The validity of the public debt of the United States, authorized by law, including 
debts incurred for payment of pensions and bounties for services in suppressing insurrection 
or rebellion, shall not be questioned. But neither the United States nor any State shall as 
sume or pay any debt or obligation incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any slave; but all such debts, 
obligations and claims shall be held illegal and void. 

Sue. 5. The Congress shall have power to enforce, by appropriate legislation, the provi 
sions of this article. 



KEPORT 

OF THE 

JOINT COMMITTEE ON RECOISTRUCTION. 



The Joint Committee of the two houses of Congress appointed under the con* 
current resolution of December 13, 1865, with direction to inquire into the 
condition of the States which formed the so-called Confederate States of 
America, and report whether they or any oftJicm are entitled to be represented 
in either house of Congress, with leave to report by bill or otherwise" ask leave 
to report : 

That they Lave attended to the duty assigned them as assiduously as other 
duties would permit, and now submit to Congress, as the result of their delibera 
tions, a resolution proposing amendments to the Constitution, and two bills, of 
which they recommend the adoption. 

Before proceeding to set forth in detail their reasons for the conclusion to 
which, after great deliberation, your committee have arrived, they beg leave to 
advert, briefly, to the course of proceedings they found it necessary to adopt, 
and to explain the reasons therefor. 

The resolution under which your committee was appointed directed them to 
inquire into the condition of the Confederate States, and report whether they 
were entitled to representation in Congress. It is obvious that such an investi 
gation, covering so large an extent of territory and involving so many important 
considerations, must necessarily require no trifling labor, and consume a very 
considerable amount of time. It must embrace the condition in which those 
States were left at the close of the war ; the measures which have been taken 
towards the reorganization of civil government, and the disposition of the people 
towards the United States ; in a word, their fitness to take an active part in the 
administration of national affairs. 

As to their condition at the close of the rebellion, the evidence is open 
to all and admits of no dispute. They were in a state of utter exhaustion. 
Having protracted their struggle against federal authority until all hope 
of successful resistance had ceased, and laid down their arms only because 
there was no longer any power to use them, the people of those States were 
left bankrupt in their public nuances, and shorn of the private wealth which 
had before given them power and influence. They were also necessarily in 
a state of complete anarchy, without governments and without the power to 
frame governments except by the permission of those who had been successful 
in the war. The President of the United States, in the proclamations under 
which he appointed provisional governors, and in his various communications to 
them, has, in exact terms, recognized the fact that the^people of those States 
were, when the rebellion was crushed, " deprived of all civil government," and 
must proceed to organize anew. In his conversation with Mr. Stearns, of Mas- 



VIII RECONSTRUCTION. 

saclmsetts, certified by himself, President Johnson said, "the State institutions 
are prostrated, laid out on the ground, and they must be taken up and adapted 
to the progress of events. * Finding the southern States in this condition, and 
Congress having failed to provide for the contingency, his duty was obvious. 
As President of the United States, he had no power, except to execute the laws 
of the land as Chief Magistrate. These laws gave him no authority over the 
subject of reorganization, but by the Constitution he was commander-in-chief of 
the army and navy of the United States. The Confederate States embraced 
a portion of the people of the Union who had been in a state of revolt, but had 
been reduced to obedience by force of arms. They were in an abnormal condi 
tion, without civil government, without commercial connexions, without national 
or international relations, and subject only to martial law. By withdrawing 
their representatives in Congress, by renouncing the privilege of representation, 
by organizing a separate government, and by levying war against the United 
States, they destroyed their State constitutions in respect to the vital principle 
which connected their respective States with the Union and secured their fed 
eral relations ; and nothing of those constitutions was left of which the United 
States were bound to take notice. For four years they had a de facto govern 
ment, but it^vas usurped and illegal. They chose the tribunal of arms wherein 
to decide whether or not it should be legalized, and they were defeated. At the 
close of the rebellion, therefore, the people of the rebellious States were found, 
as the President expresses it, " deprived of all civil government." 

Uncfer this state of affairs it was plainly the duty of the President to enforce 
existing national laws, and to establish, as far as he could, such a system of 
government as might be provided for by existing national statutes. As Com 
mander-in-chief of a victorious army, it was his duty, under the law of nations 
and the army regulations, to restore order, to preserve property, and to protect 
the people against violence from any quarter until provision should be made by 
law for their government. He might, as President, assemble Congress ai:<l 
submit the whole matter to the law-making power ; or he might continue military 
supervision and control until Congress should assemble on its regular appointed 
day. Selecting the latter alternative, he proceeded, by virtue of his power as 
command er-in-chief, to appoint provisional governors over the revolted States. 
These were regularly commissioned, and 4heir compensation was paid, as the 
Secretary of War states, " from the appropriation for army contingencies, because 
the duties performed by the parties were regarded as of a temporary character, 
ancillary to the withdrawal of military force, the disbandment of armies, and 
the reduction of military expenditure, by provisional organizations for the pro 
tection of civil rights, the preservation of peace, and to take the place of 
armed force in the respective States." It cannot, we think, be contended that 
these governors possessed, or could exercise, any but military authority. They 
had no power to organize civil governments, nor to exercise any authority 
except that which inhered in their own persons under their commissions. Neither 
had the President, as commander-in-chief, any other than military power. 
But he was in exclusive possession of the military authority. It was for him 
to decide how far he would exercise it, how far he would relax it, when and on 
what terms he would withdraw it. He might properly permit the people to as 
semble, and to initiate local governments, and to execute such local laws as they 
might choose to frame not inconsistent with, nor in opposition to, the laws of 
the United States. And, if satisfied that they might safely be left to them 
selves, he might withdraw the military forces altogether, and leave the people 
of any or all of these States to govern themselves without his interference. In 
the language of the Secretary of State, in his telegram to the provisional gov 
ernor of Georgia, dated October 28, 1865, he might " recognize the people of 
any State as having resumed the relations of loyalty to the Union," and act in his 
military capacity on this hypothesis. All this was within his own discretion, as 



REPORT OF THE COMMITTEE. IX 

military commander. But it was not for him to decide upon the nature or effect 
of any system of government which the people of these States might see fit to adopt. 
This power is lodged by the Constitution in the Congress of the United States 
that branch of the government in which is vested the authority to fix the 
political relations of the States to the Union, whose duty it is to guarantee to 
each State a republican form of government, and to protect each and all of them 
against foreign or domestic violence, and against each other. We cannot, there 
fore, regard the various acts of the President in relation to the formation of 
local governments in the insurrectionary States, and the conditions imposed by 
him upon their action, in any other light than as intimations to the people that, 
as commander-in-chief of the army, he would consent to withdraw military rule 
just in proportion as they should, by their acts, manifest a disposition to pre 
serve order among themselves, establish governments denoting loyalty to the 
Union, and exhibit a settled determination to return to their allegiance, leaving 
with the law-making power to fix the terms of their final restoration to all their 
rights and privileges as States of the Union. That this was the view of his 
power, taken by the President is evident from expressions to that effect in the 
communications of the Secretary of State to the various provisional governors, 
and the repeated declarations of the President himself. Any other supposition 
inconsistent with this would impute to the President designs of encroachment 
upon a co-ordinate branch of the government, which should not be lightly at 
tributed to the Chief Magistrate of the nation. 

When Congress assembled in December last the people of most of the States 
lately in rebellion had, under the advice of the President, organized local govern 
ments, and some of them had acceded to the terms proposed by him. In his 
annual message he stated, in general terms, what had been done, but he did not 
see fit to communicate the details for the information of Congress. While in 
this and in a subsequent message the President urged the speedy restoration 
of these States, and expressed the opinion that their condition was such as to 
justify their restoration, yet it is quite obvious that Congress must either have 
acted blindly on that opinion of the President, or proceeded to obtain the informa 
tion requisite for intelligent action on the subject. The impropriety of pro 
ceeding Avholly on the judgment of any one man, however exalted his station, 
in a matter involving the welfare of the republic in all future time, or of adopt 
ing any plan, coming from any source, without fully understanding all its bear 
ings and comprehending its fill effect, was apparent. The first step, therefore, 
was to obtain the required information. A call was accordingly made on the 
President for the information in his possession as to what had been done, in 
order that Congress might judge for itself as to the grounds of the belief ex 
pressed by him in the fitness of States recently in rebellion to participate fully 
in the conduct of national affairs. This information was not immediately com 
municated. When the response was finally made, some six weeks after your 
committee had been in actual session, it was found that the evidence upon which 
the President seemed to have based his suggestions was incomplete and unsatis 
factory. Authenticated copies of the new constitutions and ordinances adopted 
by the conventions in three of the States had been submitted, extracts from 
newspapers furnished scanty information as to the action of one other State, and 
nothing appears to have been communicated as to the remainder. There was 
no evidence of the loyalty of those who had participated in these conventions, 
and in one State alone was any proposition made to submit the action of the con 
ventions to the final judgment of the people. 

Failing to obtain the desired information, and left to grope for light wherever 
it might be found, your committee did not deem it either advisable or safe to 
adopt, without further examination, the suggestions of the President, more 
especially as he had not deemed it expedient to remove the military force, 
to suspend martial law, or to restore the writ of habeas corpus, but still 



X RECONSTRUCTION. 

thought it necessary to exercise over the ; people of the rebellious States 
his military power and jurisdiction. This conclusion derived still greater 
force from "She fact, undisputed, that in all these States, except Tennessee 
and perhaps Arkansas, the elections which were held lor State officers and 
members of Congress had resulted, almost universally, in the defeat, of candi 
dates who had been true to the Union, and in the election of notorious and un- 
pardoned rebels, men who could not take the prescribed oath of office, and who 
made no secret of their hostility to the government and the people of the United 
States. Under these circumstances, anything like hasty action would have been 
as dangerous as it was obviously unwise. It appeared to your committee that 
but one course remained, viz : to investigate carefully and thoroughly the state 
of feeling and opinion existing among the people of these States ; to ascertain 
how far their pretended loyalty could be relied upon, and thence to infer whether 
it would be safe to admit them at once to a full participation in the government 
they had fought for four years to destroy. It was an equally important inquiry 
whether their restoration to their former relations with the United States should 
only be granted upon certain conditions and guarantees which would effectually 
secure the nation against a recurrence of evils so disastrous as those from which 
it had escaped at so enormous a sacrifice. 

To obtain the necessary information recourse could only be had to the exam 
ination of witnesses whose position had given them the best means of forming 
an accurate judgment, who could state facts from their own observation, and 
whose character and standing afforded the best evidence of their truthfulness 
and impartiality. A work like this, covering so large an extent of territory, 
and embracing such complicated and extensive inquiries, necessarily required 
much time and labor. To shorten the time as much as possible, the work was 
divided and placed in the hands of four sub- committees, who have been dili 
gently employed. in its accomplishment. The results of their labors have been 
heretofore submitted, and the country will judge how far they sustain the Pres 
dent s views, and how far they justify the conclusions to which your committee 
have finally arrived. 

A claim for the immediate admission of senators and representatives 
so-called Confederate States has been urged, which seems to your committee not 
to be founded either in reason or in law, and which cannot be passed without 
comment. Stated -in a few words, it amounts to this : That inasmuch as the 
lately insurgent States had no legal right to separate themselves from the Union, 
they still retain their positions as States, and consequently the people thereof 
have a right to immediate representation in Congress without the imposition of 
any conditions whatever; and further, that until such admission Congress has 
no right to tax them for the support of the government. It has even been con 
tended that until such admission all legislation affecting their interests is, if not 
unconstitutional, at least unjustifiable and oppressive. 

It is believed by your committee t\iat all these propositions are not only 
wholly untenable, but, if admitted, would tend to the destruction of the govern 
ment. 

It must not be forgotten that the people of these States, without justification 
or excuse, rose in insurrection against the United States. They deliberately 
abolished their State governments so far as the same connected them politically 
with the Union as members thereof under the Constitution. They deliberately 
renounced their allegiance to the federal government, and proceeded to establish 
an independent government for themselves. In the prosecution of this enter 
prise they seized the national forts, arsenals, dock-yards, and other public prop 
erty within their borders, drove out from among them those who remained true 
to the Union, and In-aped every imaginable insult and injury upon the United 
States and its citizens. Finally, they opened hostilities, and levied war against 
the government They continued this war for four years with the most deter- 



REPORT OF THE COMMITTEE XI 

mined and malignant spirit, killing in battle, and otherwise, large numbers of 
loyal people, destroying the property of loyal citizens on the sea and on the 
land, and entailing on the government an enormous debt, incurred to sustain its 
rightful authority. Whether legally and constitutionally or not, they did, in 
fact, withdraw from the Union and made themselves subjects of another govern 
ment of their own creation. And they only yielded when, after a long, bloody, 
and wasting war, they were compelled by utter exhaustion to lay down their 
arms ; and this they did, not willingly, but declaring that they yielded because 
they could no longer resist, affording no evidence whatever of repentance for 
their crime, and expressing no regret, except that they had no longer the power 
to continue the desperate struggle. 

It cannot, we think, be denied by any one, having a tolerable acquaintance 
with public law, that the war thus waged was a civil war of the greatest 
magnitude. The people waging it were necessarily subject to all the rules 
which, by the law of nations, control a contest of that character, and to all the 
legitimate consequences following it. One of those consequences was that, 
within the limits prescribed by humanity, the conquered rebels were at the mercy 
of the conquerors. That a government thus outraged had a most perfect right 
to exact indemnity for the injuries done, and security against the recurrence of 
such outrages in the future, would seem too clear for dispute. What the nature 
of that security should be, what proof should be required of a return to allegi 
ance, what time should elapse before a people thus demoralized should be re 
stored in full to the enjoyment of political rights and privileges, are questions 
for the law-making power to decide, and that decision must depend on grave 
considerations of the public safety and the general welfare. 

It is moreover contended, and with apparent gravity, that, from the peculiar 
nature and character of our government, no such right on the part of the 
conqueror can exist ; that from the moment when rebellion lays down its arms 
and actual hostilities cease, all political rights of rebellious communities are at once 
restored; that, because the people of a State of the Union were once an organ 
ized community within the Union, they necessarily so remain, and their right to 
be represented in Congress at any and all times, and to participate in the gov 
ernment of the country under all circumstances, admits of neither question nor 
dispute. If this is indeed true, then is the government of the United States 
powerless for its own protection, and flagrant rebellion, carried to the ej&rcme 
of civil war, is a pastime which any State may play at, not only certain that it 
can lose nothing in any event, but may even be the gainer by defeat. If re 
bellion succeeds, it accomplishes its purpose and destroys the government. If 
it fails, the w^ar has been barren of results, and the battle may be still fought out 
in the legislative halls of the country. Treason, defeated in the field, has only 
to take possession of Congress and the cabinet. 

Your committee do not deem it either necessary or proper to discuss the ques 
tion whether the late Confederate States are still States of this Union, or can ever 
be otherwise. Granting this profitless abstraction about which so many words have 
been wasted, it by no means follows that the people of those States may not place 
themselves in a condition to abrogate the powers and privileges incident to a State 
of the Union, and deprive themselves of all pretence of right to exercise those pow 
ers and enjoy those privileges. A State within the Union has obligations to dis 
charge as a member of the Union. It must submit to federal laws and uphold fed 
eral authority. It must have a government republican in form, under and by which 
it is connected*with the general government, and through which it can discharge 
its obligations. It is more than idle, it is a mockery, to contend that a people 
who have thrown off their allegiance, destroyed the local government whicl^ 
bound their States to the Union as members thereof, defied its authority, refu d 
to execute its laws, and abrogated every provision which gave them political 
rights within the Union, still retain, through ail, the perfect and entire right to 



XII RECONSTRUCTION. 



resume, at their own will and pleasure, all their privileges within the Union, 
and especially to participate in its government, and to control the conduct of 
its affairs. To admit such a principle for one moment would be to declare that 
treason is always master and loyalty a blunder. Such a principle is void by its 
very nature and essence, because inconsistent with the theory of government, 
and fatal to its very existence. 

On the contrary, we assert that no portion of the people of this country, 
whether in State or Territory, have the right, while remaining on its soil, to 
withdraw from or reject the authority of the United States. They must obey 
its laws as paramount, and acknowledge its jurisdiction. They have no right 
to secede ; and while they can destroy their State governments, and place them 
selves beyond the pale of the Union, so far as the exercise of State privileges 
is concerned, they cannot escape the obligations imposed upon them by the 
Constitution and the laws, nor impair the exercise of national authority. The 
Constitution, it will be observed, does not act upon States, as such, but upon 
the people ; while, therefore, the people cann6 escape its authority, the States 
may, through the act of their people, cease to exist in an organized form, and 
thus dissolve their political relations with the United States. 

That taxation should be only with the consent of the taxed, through their own 
representatives, is a cardinal principle of all free governments ; but it is not 
true that taxation and representation must go together under all circumstances, 
and at every moment of time. The people of the District of Columbia and of 
the Territories are taxed, although not represented in Congress. If it is true 
that the people of the so-called Confederate States had no right to throw off the 
authority of the United States, it is equally true that they are bound at all times 
to share the burdens of government. They cannot, either legally or equitably, 
refuse to bear their just proportion of these burdens by voluntarily abdicating 
their rights and privileges as States of the Union, and refusing to be represented 
in the councils of the nation, much less by rebellion against national authority 
and levying war. To hold that by so doing they could escape* taxation would 
lie to offer a premium for insurrection to reward instead of punishing treason. 
To hold that as soon as government is restored to its full authority it can be 
allowed no time to secure itself against similar wrongs in the future, or else omit 
the ordinary exercise of its constitutional power to compel equal contribution 
from a all, towards the expenses of government, would be unreasonable in itself, 
and unjust to the nation. It is sufficient to reply that the loss of representation 
by the people of the insurrectionary States was their own voluntary choice. 
They might abandon their privileges, but they could not escape their obligations; 
and surely they have no right to complain if, before resuming those privileges, 
and while the people of the United States are devising measures for the public 
safety, rendered necessary by the act of those who thus disfranchised themselves, 
they are compelled to contribute their just proportion of the general burden of 
taxation incurred by their wickedness and folly. 

Equally absurd is the pretence that the legislative authority of the nation 
must be inoperative so far as they are concerned, while they, by their own act, 
have lost the right to take part in it. Such a proposition carries its own refuta 
tion on its face. 

While thus exposing fallacies which, as your committee believe, are resorted 
to for the purpose of misleading the people and distracting their attention from 
the questions at issue, we freely admit that such a condition of things should be 
brought, if possible, to a speedy termination. It is most desirable that the Union 
of all the States should become perfect at the earliest moment consistent with 
the peace and welfare of the nation; that all these States should become fully 
represenled in the national councils, and take their share in the legislation of 
the country. The possession and exercise of more than its just share of power 
by any section is injurious, as well to that section as to all others. Its tendency 



REPORT OF THE COMMITTEE. XIII 

is distracting and demoralizing, and such a state of affairs is only to bo tolerated 
on the ground of a necessary regard to the public safety. As soon as that sat "ty 
is secured it should terminate. 

Your committee came to the consideration of the subject referred to them with 
the most anxious desire to ascertain what was the condition of the people of the 
States recently in insurrection, and what, if anything, was necessary to be done 
before restoring them to the full enjoyment of all their original privileges. It 
was undeniable that the war into which they had plunged the country had 
materially changed their relations to the people of the loyal States. Slavery 
had been abolished by constitutional amendment. A large proportion of the 
population had become, instead of mere chattels, free men and citizens. Through 
all the past struggle these had remained true and loyal, and had, in large uum- 
cers, fought on the side of the Union. It was impossible to abandon them, with 
out securing them their rights as free men and citizens. The whole civilized 
world would have cried out against such base ingratitude, and the bare idea is 
offensive to all right-thinking men. Hence it became important to inquire what 
could be done to secure their rights, civil and political. It was evident to your 
committee that adequate security could only be found in appropriate constitu 
tional provisions. By an original provision of the Constitution, repre 
sentation is based on the whole number of free persons in each State, and 
three-fifths of all other persons. When all become free, representation for 
all necessarily follows. As a consequence the inevitable effect of the re 
bellion would be to increase the political power of the insurrectionary States, 
whenever they should be allowed to resume their positions as States of 
the Union. As representation is by the Constitution based upon population, 
your committee did not think it advisable to recommend a change of that basis. 
The increase of representation necessarily resulting from the abolition qf slavery 
was considered the most important element in the questions arising out of the 
changed condition of affairs, and the necessity for some fundamental action in 
this regard seemed imperative. It appeared to your committee that the rights 
of these persons by whom the basis of representation had been thus increased 
should be recognized by the general government. While slaves they were not 
considered as having any rights, civil or political. It did not seem just or proper 
that all the political advantages derived from their becoming free should be 
confined to their former masters, who had fought against the Union, and with 
held from themselves, who had always been loyal. Slavery, by building up a 
ruling and dominant class, had produced a spirit of oligarchy adverse to repub 
lican institutions, which finally inaugurated civil war. The tendency of con 
tinuing the domination of such a class, by leaving it in the exclusive possession 
of political power, would be to encourage the same spirit, and lead to a similar 
result. Doubts were entertained whether Congress had power, even under the 
amended Constitution, to prescribe the qualifications of voters in a State, or 
could act directly on the subject. It was doubtful, in the opinion of your com 
mittee, whether the States would consent to surrender a power they had always 
exercised, and to which they were attached. As the best if not the only 
method of surmounting the difficulty, and as eminently just and proper in it 
self, your committee came to the conclusion that political power should be pos 
sessed in all the States exactly in proportion as the right of suffrage should be 
granted, without distinction of color or race. This it was thought would Jeave 
the whole question with the people of each State, holding out to all the advan 
tage of increased political power as an inducement to allow all to participate in 
its exercise. Such a provision would be in its nature gentle and persuasive, 
and would lead, it was hoped, at no dragint day, to an equal participation of all, 
without distinction, in all the rights and privileges of citizenship, thus affording 
a full and adequate protection to all classes of citizens, since all would have, 
through the ballot-box, the power of self-protection. 



XIV RECONSTRUCTION. 

Holding these views, your committee prepared an amendment to the Consti 
tution to cany out tins idea, and submitted the same to Congress. Unfortu 
nately, as we think, it did not receive the necessary constitutional support in 
the Senate, and therefore could not be proposed for adoption by the States. 
The principle involved in that amendment is, however, believed to be sound, 
and your committee have again proposed it in another form, hoping that it may 
receive the approbation of Congress. 

Your committee have been unable to find, in the evidence submitted to Con 
gress by the President, under date of March 6, 1866, in compliance with the 
resolutions of January 5 and February 27, 1866, any satisfactory proof that 
either of the insurrectionary States, except, perhaps, the State of Tennessee, 
has placed itself in a condition to resume its political relations to the Union. 
The first step towards that end would necessarily be the establishment of a re 
publican form of government by the people. It has been before remarked that 
the provisional governors, appointed by the President in the exercise of his 
military authority, could do nothing by virtue of the power thus conferred 
towards the establishment of a State government. They were acting under 
the War Department and paid out of its funds. They were simply bridging 
over the chasm between rebellion and restoration. And yet we find them 
calling conventions and convening legislatures. Not only this, but we find 
the conventions and legislatures thus convened acting under executive di 
rection as to the provisions required to be adopted in their constitutions and 
ordinances as conditions precedent to their recognition by the President. The 
inducement held out by the President for compliance with the conditions im 
posed was, directly in one instance, and presumably, therefore, in others, the 
immediate admission of senators and representatives to Congress. The char 
acter of jjie conventions and legislatures thus assembled was not such as to in 
spire confidence in the good faith of their members. Governor Perry, of South 
Carolina, dissolved the convention assembled in that State before the sngges- 
ti6n had reached Columbia from "Washington that the rebel war debt should be 
repudiated, and gave as his reason that it was a " revolutionary body." There 
is no evidence of the loyalty or disloyalty of the members of those conventions 
and legislatures except the fact of pardons being asked for on their account. 
Some of these States now claiming representation refused to adopt the condi 
tions imposed. No reliable information is found in these papers as to the con 
stitutional provisions of several of these States, while in not one of them is there 
the slightest evidence to show that these " amended constitutions," as they are 
called, have ever been submitted to the people for their adoption. In North 
Carolina alone an ordinance was passed to that effect, but it does not appear to 
have been acted on. Not one of them, therefore, has been ratified. Whether, 
with President Johnson, we adopt the theory that the old constitutions were ab 
rogated and destroyed, and the people " deprived of all civil government," or 
whether we adopt the alternative doctrine that they were only suspended and 
were revived by the suppression of the rebellion, the new provisions must be 
considered as equally destitute of validity before adoption by the people. If 
the conventions w r ere called for the eole purpose of putting the State govern 
ment into operation, they had no power either to adopt a new constitution or to 
amend an old one without the consent of the people. Nor could either a con 
vention or a legislature change the fundamental law without power previously 
conferred. In the view of your committee, it follows, therefore, that the people 
of a State where the constitution has been thus amended might feel themselves 
justified in repudiating altogether all such unauthorized assumptions of power, 
and might be expected to do so at plea%rc. 

So far as the disposition of the people of the insurrectionary States, and the 
probability of their adopting measures conforming to the changed condition ot 
affairs, can be inferred from the papers submitted by the President as the basis 



REPORT OF THE COMMITTEE. XV 

of his action, the prospects are far from encouraging. It appears quite clear that 
the anti-slavery amendments, both to the State and federal constitutions, were* 
adopted with reluctance by the bodies which did adopt them, while in some States 
they have been either passed by in silence or rejected. The language of all the 
provisions and ordinances of these States on the subject amounts to nothing 
more than an unwilling admission of an unwelcome truth. As to the ordinance 
of secession, it is, in some cases, declared " null and void," and in others simply 
"repealed ;" and in no instance is a refutation of this deadly heresy considered 
worthy of a place in the new constitution. 

If, as the President assumes, these insurrectionary States were, at the close 
of the war, wholly without State governments, it would seem that, before be 
ing admitted to participation in the direction of public affairs, such govern 
ments should be regularly organized. Long usage has established, and nu 
merous statutes have pointed out, the mode in which this should be done. A 
convention to frame a form of government should be assembled under competent 
authority. Ordinarily, this authority emanates from Congress ; but, under the 
peculiar circumstances, your committee is not disposed to criticise the Presi 
dent s action in assuming the power exercised by him in this regard. The con 
vention, when assembled, should frame a constitution of government, which 
should be submitted to the people for adoption. If adopted, a legislature should 
be convened to pass the laws necessary to carry it into effect. When a State, 
thus organized, claims representation in Congress, the election of representa 
tives should be provided for by law, in accordance with the laws of Congress 
regulating representation, and the proof that the action taken has been in con 
formity to law should be submitted to Congress. 

In no case have these essential preliminary steps been taken. The conven 
tions assembled seem to have assumed that the constitutions which ha d been 
repudiated and overthrown were still in existence, and operative to constitute 
the States members of the Union, and to have contented themselves with such 
amendments as they were informed were requisite in order to insure their return 
to an immediate participation in the government of the United States. Not 
waiting to ascertain whether the people they represented would adopt even the 
proposed amendments, they at once ordered elections of representatives to 
Congress, in nearly all instances before an executive had been chosen to issue 
writs of election under the State laws, and such elections as were held were 
ordered by the conventions. In one instance at least the writs of election were 
signed by the provisional governor* Glaring irregularities, and unwarranted 
assumptions of power, are manifest in several cases, particularly in South Caro 
lina, where the convention, although disbanded by the provisional governor on 
the ground that it was a revolutionary body, assumed to redistrict the State. 

It is quite evident from all these facts, and indeed from the whole mass of 
testimony submitted by the President to the Senate, that in no instance was re 
gard paid to any other consideration than obtaining immediate admission to 
Congress, under the barren form of an election in which no precautions were 
taken to secure regularity of proceedings, or the assent of the people. No con 
stitution has been legally adopted except, perhaps, in the State of Tennessee, 
and such elections as have been held were without authority of law. Your 
committee are accordingly forced to the conclusion that the States referred to 
have not placed themselves in a condition to claim representation in Congress, 
unless all the rules which have, since the foundation of the government, been 
deemed essential in such cases, should be disregarded. 

It woul d undoubtedly be competent for Congress to waive all formalities and 
to admit these Confederate States to representation at once, trusting that time 
and experience would set all things right. Whether it would be advisable to 
do so, however, must depend upon other considerations of which it remains to 
treat. But it may well be observed, that the inducements to such a step should 



XVI RECONSTRUCTION. 

Jbe of the very highest character. It seems to your committee not unreasonable 
to require satisfactory evidence that the ordinances and constitutional provisions 
which the President deemed essential in the first instance will be permanently 
adhered to by the people of the States seeking restoration, after being admitted 
to fuH participation in the government, and will not be repudiated when that 
object shall have been accomplished. And here the burden of proof rests upon 
the late insurgents who are seeking restoration to the rights and privileges 
which they willingly abandoned, and not upon the people of the United States 
who have never undertaken, directly or indirectly, to deprive them thereof. It 
, should appear affirmatively that they are prepared and disposed in good faith 
to accept the results of the war, to abandon their hostility to the government, 
and to live in peace and amity with the people of the loyal States, extending to 
all classes of citizens equal rights and privileges, and conforming to the repub 
lican idea of liberty and equality. They should exhibit in their acts something 
more than an unwilling submission to an unavoidable necessity a feeling, if 
not cheerful, certainly not offensive and defiant. And they should evince an 
entire repudiation of all hostility to the general government, by an acceptance 
of such just and reasonable conditions as that government should think the 
public safety demands. Has this been done ? Let us look at the facts shown 
by the evidence taken by the committee. 

Hardly is the war closed before the people of these insurrectionary States 
come forward and haughtily claim, as a right, the privilege of participating at 
once in that government which they had for four years been fighting to over 
throw. Allowed and encouraged by the Executive to organize State govern 
ments, they at once place in power leading rebels, unrepentant and unpardoned, 
excluding with contempt those who had manifested an attachment to the Union, 
and preferring, in many instances, those who had rendered themselves the most 
obnoxious. In the face of the law requiring an oath which Avould necessarily 
exclude all such men from federal offices, they elect, with very few exceptions, 
as senators and representatives in Congress, men who had actively participated 
in the rebellion, insultingly denouncing the law as unconstitutional. It is only 
necessary to instance the election to the Senate of the late vice-president of the 
confederacy, a man who, against his own declared convictions, had lent all the 
weight of his acknowledged ability and of his influence as a most prominent 
public man to the cause of the rebellion, and who, unpardoned rebel as he is, 
with that oath staring- him in the face, had the assurance to lay his credentials 
on the table of the Senate. Other rebels of scarcely less note or notoriety were 
selected from other quarters. Professing no repentance, glorying apparently in 
the crime they had committed, avowing still, as the uncontradicted testimony of 
Mr. Stephens and many others proves, an adherence to the pernicious doctrine 
of secession, and declaring that they yielded only to necessity, they insist, with 
unanimous voice, upon their rights as States, and proclaim that they will sub 
mit to n% conditions whatever as preliminary to their resumption of power 
under that Constitution which they still claim the right to repudiate. 

Examining the evidence taken by your committee still further, in connexion 
with facts too notorious to be disputed, it appears that the southern press, with 
few exceptions, and those mostly of newspapers recently established by northern 
men, abounds with weekly and daily abuse of the institutions and people of the 
loyal States; defends the men who led, and the principles which incited, the re 
bellion ; denounces and reviles southern men who adhered to the Union ; and 
strives, constantly and unscrupulously, by every means in its power, to keep 
alive the fire of hate and discord between the sections; calling upon the Presi 
dent to violate his oath of office, overturn the government by force of arms, and 
drive the representatives of the people from their seats in Congress. The 
national banner is openly insulted, and the national airs scoffed at, not only by 
an ignorant populace, but at public meetings, and once, among other notable in- 



REPORT OF THE COMMITTEE. XVII 

Ftanccs, at a dinner given in honor of a notorious rebel who had violated his oath 
and abandoned his flag. The same individual is elected to an important office 
in the leading city of his State, although an unpardoned rebel, and so offensive 
that the President refuses to allow him to enter upon his official duties. In an 
other State the leading general of the rebel armies is openly nominated for gov 
ernor by the speaker of the house of delegates, and the nomination is hailejl by 
the people with shouts of satisfaction, and openly indorsed by^ the press. 

Looking still further at the evidence taken by your committee, it is found to 
be clearly shown by witnesses of the highest character and having the best 
means of observation, that the Freedmen s Bureau, instituted for the relief and 
protection of freedmen and refugees, is almost universally opposed by the mass 
of the population, and exists in an efficient condition only under military pro 
tection, while the Union men of the south are earnest in its defence, declaring 
with one voice that without its protection the colored people would not be per 
mitted to labor at fair prices, and could hardly live in safety. They also testify 
that without the protection of United States troops, Union men, whether of 
northern or southern origin, would be obliged to abandon their homes. The 
feeling in many portions of the country towards emancipated slaves, especially 
among the uneducated and ignorant, is one of vindictive and malicious hatred. 
This deep-seated prejudice against color is assiduously cultivated by the public 
journals, and leads to acts of cruelty, oppression, and murder, whic.li the local 
authorities are at no pains to prevent or punish. There is no general disposition 
to place the colored race, constituting at least two-fifths of the population, upon 
terms even of civil equality. While many instances may be found where large 
planters and men of the better class accept the situation, and honestly strive to 
bring about a better order of things, by employing the freedmen at fair wages 
and treating them kindly, the general feeling and disposition among all classes 
are yet totally averse to the toleration of any class of people friendly to the 
Union, be they white or black; and this aversion is not unfreojuently manifested 
in an insulting and offensive manner. 

The witnesses examined as to the willingness of the people of the south to 
contribute, uu^er existing laws, to the payment of the national debt, prove that 
the taxes levied by the United States will be paid only on compulsion and with 
great reluctance, while there prevails, to a considerable extent, an expectation 
that compensation will be made for slaves emancipated and property destroyed 
during the war. The testimony on this point comes from officers of the Union 
army, officers of the late rebel army, Union men of the southern States, and 
avowed secessionists, almost all of whom state that, in their opinion, the people 
of the rebellious States would, if they should see a prospect of success, repu 
diate the national debt. 

While there is scarcely any hope or desire among leading men to renew the 
attempt at secession at any future time, there is still, according to a large num 
ber of witnesses, including A. II. Stephens, who may be regarded as good 
authority on that point, a generally prevailing opinir .i which defends the legal 
right of secession, and upholds the doctrine that the first allegiance of the people 
is due to the States, and not to the United States. This belief evidently pre 
vails among leading *and prominent men as well as among the masses every 
where, except in some of the northern counties of Alabama and the eastern 
counties of Tennessee. 

The evidence of an intense hostility to the federal Union, and an equally in 
tense love of the la*e confederacy, nurtured by the war, is decisive. While it 
appears that nearly all are willing to submit, at least for the time being, to the 
federal authority, it is equally clear that the ruling motive is a desire to obtain the 
advantages which will be derived from a representation in Congress. Officers 
of the Union army on duty, and northern men who go south to engage in busi 
ness, are generally detested and proscribed. Southern men who adhered to 



XVIII RECONSTRUCTION. 



the Union are bitterly hated and relentlessly persecuted. In some localities 
prosecutions have been instituted in State courts against Union officers for acts 
done in the line of official duty, and similar prosecutions are threatened else 
where as soon as the United States troops are removed. All such demonstra 
tions show a state of feeling against which it is unmistakably necessary to guard. 
1 he testimony is conclusive that after the collapse of the confederacy the 
feeling of the people of the rebellious States was that of abject submission. 
Having appealed to the tribunal of arms, they had no hope except that by the 
magnanimity of their conquerors their lives, and possibly their property, might 
be preserved. Unfortunately, the general issue of pardons to persons who had 
been prominent in the rebellion, and the feeling of kindliness and conciliation 
manifested by the Executive, and very generally indicated through the north 
ern press, had the effect to render whole communities forgetful of the crime they 
had committed, defiant towards the federal government, and regardless of their 
dutieg as citizens. The conciliatory measures of the government do not seem 
to have been met even half way. The bitterness and defiance exhibited 
toward the United States under such circumstances is without a parallel in the 
history of the world. In return for our leniency we receive only an insulting 
denial of our authority. In return for our kind desire for the resumption of 
fraternal relations we receive only an insolent assumption of rights and privi 
leges long since forfeited. The crime we have punished is paraded as a virtue, 
and the principles of republican government which we have vindicated at so 
terrible a cost are denounced as unjust and oppressive, 

If we add to this evidence the fact that, although peace has been declared by 
the President, he has not, to this day, deemed it safe to restore the writ of 
ttabeas corpus, to relieve the insurrectionary States of martial law, nor to with 
draw the troops from many localities, and that the commanding general deems 
an increase of the army indispensable to the preservation of order and the 
protection of loyal and well-disposed people in the south, the proof of a condition 
of feeling hostile to the Union and dangerous to the government throughout the 
insurrectionary States would seem to be overwhelming. 

With such evidence before them, it is the opinion of your committee 

I. That the States lately in rebellion were, at the close of the war, disorgan 
ized communities, without civil government, and without constitutions or other 
forms, by virtue of which political relations could legally exist between them 
and the federal government. 

II. That Congress cannot be expected to recognize as valid the election of 
representatives frojn disorganized communities, which, from the very nature of 
the case, were unable to present their claim to representation under those estab 
lished and recognized rules, the observance of which has been hitherto required. 

II. That Congress would not be justified in admitting such communities to 
a participation in the government of the country without first providing such 
constitutional or other guarantees as will tend to secure the civil rights of all 
citizens of the republic; a just equality of representation; protection against 
claims founded in rebellion and crime; a temporary restoration of the ri^ht of 
raflrage to those who have not actively participated in the efforts to destroy the 
Union and overthrow the government, and the exclusion from positions of public 
trust of, at least, a portion of those whose crimes have proved them to be enemies 
to the Uiiion, and unworthy of public confidence. 

Your committee will, perhaps, hardly be deemed excusable for extendin" this 
report further ; but inasmuch as immediate and unconditional representation of 
the States lately in rebellion is demanded as a matter of right, and delay and 
even hesitation is denounced as grossly oppressive and unjust, as well as un 
wise and impolitic, it may not be amiss again to call attention to a few undis 
puted and notorious facts, and the principles of public law applicable thereto, 



REPORT OF THE COMMITTEE. XIX 

in order that the propriety of that claim may be fully considered and well un 
derstood. 

The State of Tennessee occupies a position distinct from all the other insur 
rectionary States, and has been the subject of a separate report which your 
committee have not thought it expedient to disturb. Whether Congress shall 
see tit to make that State the subject of separate action, or to include it in the 
same category with all others, so far as concerns the imposition of preliminary 
conditions, it is not within the province of this committee either to determine or 
advise. 

To ascertain whether any of the so-called Confederate States "are entitled to 
be represented in either house of Congress," the essential inquiry is, whether 
there is, in anyone of them, a constituency qualified to be represented in Congress. 
The question how far persons claiming seats in either house possess the cre 
dentials necessary to enable them to represent a duly qualified constituency is 
one for the consideration of each house separately, after the preliminary ques 
tion shall have been finally determined. 

We now propose to re-state, as briefly as possible, the general facts and prin 
ciples applicable to all the States recently in rebellion : 

First/ The seats of the senators and representatives from the so-called Con 
federate States became vacant in the year 1861, during the second session of 
the thirty-sixth Congress, by the voluntary withdrawal of their incumbents, 
with the sanction and by direction of the legislatures- or conventions of their 
respective States. This was done as a hostile act against the Constitution and 
go\ernment of the United States, with a declared intent to overthrow the same 
by forming a southern confederation. This act of declared hostility was speedily 
followed by an organization of the same States into a confederacy, which levied 
and waged war, by sea and land, against the United States. Thia war contin 
ued more than four years, within which period the rebel armies besieged the 
national capital, invaded the loyal States, burned their towns and cities, robbed 
their citizens, destroyed more than 250,000 loyal soldiers, and imposed an in 
creased national burden of not less than $3,500,000,000, of which seven or eight 
hundred millions have already been met and paid. From the time these con 
federated States thus withdrew their representation in Congress and levied 
war against the United States, the great mass of their people became and were 
insurgents, rebels, traitors, and all of them assumed and occupied the political, 
legal, and practical relation of enemies of the United States. This position is 
established by acts of Congress and judicial decisions, and is recognized repeat 
edly by the President in public proclamations, documents, and speeches. 

Second. The States thus confederated prosecuted their war against the United 
States to final arbitrament, and did not cease until all their armies were cap 
tured, their military power destroyed, their civil officers, State and confederate, 
taken prisoners or put to flight, every vestige of State and confederate govern 
ment obliterated, their territory overrun and occupied by the federal armies, and 
their people reduced to the condition of enemies conquered in war, entitled only 
by public law to such rights, privileges, and conditions as might be. vouchsafed 
by the conqueror. This position is also established by judicial decisions, and 
is recognized by the President in public proclamations, documents, and speeches. 
Third. Having voluntarily deprived themselves of representation in Congress 
for the criminal purpose of destroying the federal Union, and having reduced 
themselves, by the act of levying war, to the condition of public enemies, th j y 
have no right to complain of temporary exclusion from Congress ; but, on the 
contrary, having voluntarily renounced the right to representation, and dis 
qualified themselves by crime from participating in the,governmeiit, the burden 
now rests upon them, before claiming to be reinstated in their former condition, 
tq show that they are qualified to resume federal relations. In order to do this, 



RECONSTRUCTION. 



they must prove that they have established, with the consent of the people re 
publican forms of government in harmony with the Constitution and laws of the 
United States, that all hostile purposes have ceased, and should eive adequate 
guarantees against future treason and rebellion guarantees which shall prove 
satisfactory to the government against which they rebelled, and by whose arms 
they were subdued. 

Fourth Having, by this treasonable withdrawal from Congress, and by 
flMjrrant rebellion and war, forfeited all civil and political rights and privileges 
under the federal Constitution, they can only be restored thereto by the per 
mission and authority of that constitutional power against which they rebelled 
and by which they were subdued. 

Fifth. These rebellious enemies were conquered by the people of the United 
States, acting through all the co-ordinate branches of the government, and not 
by the executive department alone. The powers of conqueror are not so vested 
in the 1 resident that he can fix and regulate the terms of settlement and con 
fer congressional representation on conquered rebels and traitors Nor can he 
m any way, qualify enemies of the government to exercise its law-makin- power 
Ihe authority to restore rebels to political power in the federal government can 
be exercised only with the concurrence of all the departments in which political 
power is vested; and hence the several proclamations of the President to the 
people of the Confederate States cannot be considered as extending beyond the 
purposes declared, and can only be regarded as provisional permission by the 
commander-m-chief of the army to do certain acts, the effect and validity where 
of is to be determined by the constitutional government, and not solely bv the 
executive power. J * 

Sixth. The question before Congress is, then, whether conquered enemies 
.have the right, and shall be permitted at their own pleasure and on their own 
terms, to participate in making laws for their conquerors ; whether conquered 
rebels may change their theatre of operations from the battle-field, where they 
were defeated and overthrown, to the halls of Congress, and, through their rep 
resentatives seize upon the government which they fought to destroy - whether 
the national treasury, the army of the nation, its navy, its forts and arsenals, 
its whole civil administration, its credit, its pensioners, the widows and orphans 
of those who perished in the war, the public honor, peace and safety, shall all 

3 turned over to the keeping of its recent enemies without delay, and without 
imposing such conditions as, in the opinion of Congress, the security of the 
country and its institutions may demand. 

Seventh. The history of mankind exhibits no example of such madness and 
I lie instinct of self-preservation protests against it. The surrender by 
jrant to Lee, and by Sherman to Johnston, would have been disasters of less 
magnitude, for new armies could have been raised, new battles fou-ht, and the 
government saved The anti-coercive policy, which, under pretext of avoidin- 
bloodshed, allowed the rebellion to take form and gather force, would be su 
passed in infamy by the matchless wickedness that would now surrender the 
iiulfc of Congress to those so recently in rebellion until proper precautions 
shall have been taken to secure the national faith and the national safety 

Eighth. As lias been shown in this report, and in the evidence submitted, no 
proof has been afforded to Congress of a constituency in any one of the so- 
called Confederate States, unless we except the State of Tennessee, qualified 
to elect senators and representatives in Congress. No State constitution or 
amendment to a State constitution, lias had the sanction of the people All the 
so-called legislation of State conventions and legislatures has been had under 
military dictation. If the President may, at his will, and under his own au 
thority, whether as military commander or chief executive, qualify persons to 
appoint senators and elect representatives, and empower others to appoint and 
them, he thereby practically controls the organization of toe legislative 



REPORT OF THE COMMITTEE. XXI 

department. The constitutional form of government is thereby practically de 
stroyed, and its powers absorbed in the Executive. And while your committee 
do not for a moment impute to the President any such design, but cheerfully 
concede to him the most patriotic motives, they cannot but look with alarm 
upon a precedent so fraught with danger to the republic. 

Ninth. The necessity of providing adequate safeguards for the future, before 
restoring the insurrectionary States to a participation in the direction of public 
affairs, is apparent from the bitter hostility to the government and people of the 
United States yet existing throughout the conquered territory, as proved incon- 
testably by the testimony of many witnesses and by undisputed facts. 

Tenth. The conclusion of your committee therefore is, that the so-called Con 
federate States are not, at present, entitled to representation in the Congress of 
the United States ; that, before allowing such representation, adequate security 
for future peace and safety should be required ; that this can only be found in 
such changes of the organic law as shall determine the civil rights and privi 
leges of all citizens in all parts of the republic, shall place representation on an 
equitable basis, shall fix a stigma upon treason, and protect the loyal people 
against future claims for the expenses incurred in support of rebellion and for 
manumitted slaves, together with an express grant of power in Congress to en 
force those provisions. To this end they offer a joint resolution for amending 
the Constitution of the United States, and the two several bills designed to 
carry the same into effect, before referred to. 

Before closing this report, your committee beg leave to state that the specific 
recommendations submitted by them are the result of mutual concession, after 
a long and careful comparison of conflicting opinions. Upon a question of such 
magnitude, infinitely important as it is to the future of the republic, it was not 
to be expected that all should think alike. Sensible of the imperfections of the 
scheme, your committee submit it to Congress as the best they could agree 
upon, in the hope that its imperfections may be cured, and its deficiencies sup 
plied, by legislative wisdom ; and that, when finally adopted, it may tend to 
restore peace and harmony to the whole country, and to place our republican 
institutions on a more stable foundation. 

W. P. FESSENDEN. 

JAMES W. GRIMES. 

IRA HARRIS. 

J. M. HOWARD. 

GEORGE II. WILLIAMS. 

THADDEUS STEVENS. 

ELIHU B. WASHBURNE. 

JUSTIN S. MORRILL. 

JNO. A. BINGHAM. 

ROSCOE CONKLING. 

GEORGE S. BOUTWELL. 



XXII RECONSTRUCTION. 



JOINT RESOLUTION proposing an amendment to the Constitution of the United States. 

Resolved by tJie Senate and House of Representatives of the United States of 
America in Congress assembled, (two-thirds of both houses concurring,) That 
the following article be proposed to the legislatures of the several States, as an 
amendment to the Constitution of the United States, which, when ratified by 
three-fourths of said legislatures, shall be valid as part of the Constitution, 
namely : 

ARTICLE 14. 

SECTION 1. All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States ; nor shall any 
State deprive any person of life, liberty, or property without due process of law* 
nor deny to any person within its jurisdiction the equal protection of the laws. 

SEC. 2. Representatives shall be apportioned among the several States ac 
cording to their respective numbers, counting the whole number of persons in 
each State, excluding Indians not taxed. But when the right to vote at any 
election for the choice of electors for President and Vice-President of the United 
States, representatives in Congress, the executive and judicial officers of a State, 
or the members of the legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty-one years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebellion or other crime, the 
basis of representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

SEC. 3. No person shall be a senator or representative in Congress, or elector 
of President and Vice-President, or hold any office, civil or military, under the 
United States, or under any State, who, having previously taken an oath aa a 
member of Congress, or as an officer of the United States, or as a member of 
any State legislature, or as an executive or judicial officer of any State, to sup 
port the Constitution of the United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or comfort to the enemies thereof. 
But Congress may, by a vote of two-thirds of each house, remove such disability. 

SEC. 4. The validity of the public debt of the United States, authorized by 
law, including debts incurred for payment of pensions and bounties for services 
in suppressing insurrection or rebellion, shall not be questioned. But neither the 
United States nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or any claim for the 
loss or .emancipation of any slave; but all such debts, obligations, and claims 
shall be held illegal and void. 

SEC. 5. The Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. 



PART I. 



TENNESSEE. 



SUB-COMMITTEE. 

Mr. JAMES W. GRIMES, (of Iowa,) United States Senate. 
Mr. JOHN A. BINGHAM, (of Ohio,) House of Representatives. 
Mr. HENRY GRIDER, (of Kentucky,) House of Representatives. 



Mr. BINGHAM, from the Committee on Reconstruction, reported the following 

joint resolution : 

JOINT RESOLUTION concerning the State of Tennessee. 

Resolved by the Senate and House of Representatives of the United States of America in Con 
gress assembled, That whereas the people of Tennessee have made known to the Congress of 
the United States their desire that the constitutional relations heretofore existing between 
them and the United States may be fully established, and did, on the twenty-second day of 
February, eighteen hundred and sixty-five, by a large popular vote, adopt and ratify a con 
stitution of government, republican in form and not inconsistent with the Constitution and 
laws of the United States, and a State government has been organized under the provisions 
thereof, which said provisions, and the laws passed in pursuance thereof, proclaim and denote 
loyalty to the Union ; and whereas the people of Tennessee are found to be in a condition to 
exercise the functions of a State within this Union, and can only exercise the same by the 
consent of the law-making power of the United States : Therefore, the State of Tennessee is 
hereby declared to be one of the United States of America, on an equal footing with the other 
States, upon the express condition that the people of Tennessee will maintain and enforce, in 
good faith, their existing constitution and laws, excluding those who have been engaged in 
rebellion against the United States from the exercise of the elective franchise, for the respect 
ive periods of time therein provided for, and shall exclude the same persons for the like re 
spective periods of time from eligibility to office; and the State of Tennessee shall never as 
sume or pay any debt or obligation contracted or incurred in aid of the late rebellion ; nor 
shall said State ever in any manner claim from the United States or make any allowance of 
compensation for slaves emancipated or liberated in any way whatever ; which conditions 
shall be ratified by the legislature of Tennessee, or the people thereof, as the legislature may 
direct, before this act shall take effect. 



RECONSTRUCTION - TENNESSEE. 



MEMORIAL 

OF 

CITIZENS OF TENNESSEE, 



PRAYING 



That the present State organization of Tennessee may be recognized and its 

perpetuity guaranteed. 



FEBRUARY 13, 1866. Referred to the Joint Select Committee on Reconstruction. 

MARCH 5, 1866. Reported from the Select Committee on Reconstruction, ordered to be 

printed, and recommitted to the Committee on Reconstruction. 



To the Senate and House of Representatives of the United States in Congress 

assembled : 

The undersigned, citizens of the United States and of the State of Tennes 
see, beg leave, respectfully, to represent that by the operations of the recent 
rebellion the governing officers of their State abdicated their respective posts, 
and left the government without agents to carry it on. In this attitude of 
affairs one of our citizens, Andrew Johnson, was, on the 3d of March, 1862, by 
the President of the United States, appointed military governor of the State, 
which office he continued to hold until the 3d of March, 1865. 

To remedy this state of things, the loyal people of the State, by their dele 
gates, on the Sth of January, 1865, assembled in convention at the capitol, in 
the city of Nashville, "to take such steps as wisdom might direct to restore the 
the State of Tennessee to its once honored status in the great national Union." 

Certain amendments were proposed to our admirable State constitution, made 
necessary, in the opinion of. the convention, by the altered relations of slavery, 
and by the action of persons engaged in the rebellion, who had temporarily 
usurped the machinery of the State government, and by the vacancy of the 
several State offices, for the" filling of which there was no present provision of 
law. These amendments the convention submitted to the vote of their con 
stituents on the 22d of February, 1865, and they were by them adopted. 
While this proceeding met with the concurrence and co-operation of the mili 
tary governor, it was the spontaneous action of the loyal people themselves. 

Having thus provided for the reorganization of the government under her 
pre-existing constitution so amended, the work was completed by the election 
of a governor and legislature on the 4th of March following, who, on the 3d ot 
April, entered upon the duties of their respective offices. 



2 RECONSTRUCTION TENNESSEE. 

A copy of the several amendments, incorporated into the organic law of the 
State, and the proceedings of the legislature at its first session, certified offi 
cially by the secretary or State, and published by authority, is herewith ap 
pended and adopted as a part of this statement. 

The government so organized has had unresisted and uninterrupted jurisdic 
tion of the State ever since. 

The undersigned respectfully submit that the said government is republican 
in form as well as in spirit, and they ask that the same be recognized and its 
perpetuity guaranteed as the true and proper government of the State of Ten 
nessee, entitled to the same immunities, functions, and prerogatives as the State 
enjoyed by virtue of an act of Congress approved on the 1st day of June, 1796, 
until her relations with the government were disturbed by the treason of a por 
tion of her citizens. 

EDW D COOPER, 
HORACE MAYNARD, 
JNO. W. LEFTW1CH, 
W. B. STOKES. 
FEBRUARY 13, 1866. 



ACTS OF THE STATE OF TENNESSEE, PASSED AT THE FIRST SESSION OF 
THE THIRTY-FOURTH GENERAL ASSEMBLY, FOR THE YEAR 1865. 

[Published by authority.] 

TABLE OP CONTENTS. 

Introductory documents. 

Appointment of Andrew Johnson as military governor of Tennessee by the President. 

Call for H convention. 

Proposed alteration and amendments to the constitution of Tennessee. 

Governor s proclamation. 

Official declaration of the ratification of the amendments to the constitution. 

Governor s message. 

CHAPTER I. An act to regulate the county court of Shelby county. 

CHAPTER II. An act to increase the compensation of judges. 

CHAPTER III. An act to increase the pay of public printer. 

CHAPTER IV. An act to punish all armed prowlers, guerillas, brigands, and highway robbers, and for other 

purposes. 

CHAPTER V. An act to amend the criminal laws of the State of Tennessee. 

CHAPTER VI. An act to repeal the 3d article of the 5th chapter, title 5, of the Code of Tennessee. 
CHAPTER VII. An act to establish the eighth chancery district of Tennessee. 
CHAPTER VIII. An act to amend the revenue laws of the State. 

CHAPTER IX. An act to more effectually manage the penitentiary, and for other purposes. 
CHAPTER X. An act to provide for the limitation of actions, and for other purposes. 
CHAPTER XI. An act to fix the fees to be paid by commissioners of deeds resident in other States. 
CHAPTER XII. An act for the relief of indigent families of soldiers. 

CHAPTER XIII. An act to amend the corporation of the city of Shelbyville, and for other purposes. 
CHAPTER XIV. An act to change the times of holding the chancery courts at Athens and Benton iu this 

State. 
CHAPTER XV. An act to repeal an act passed on the 19th day of March, I860, to repeal section 4765 of the 

Code, and to re-enact section 4766 of the Code. 
CHAPTER XVI An act to limit the elective franchise. 
CHAPTER XVII. An act to repeal an act incorporating a military department in Andrew College and the 

MrmpliiK Arms Company, and for other purposes. 

CHAPTER XVIII. An act to amend section 117 of the Code, and for other purposes. 
CHAPTER XIX. An act to authorize the investment of trust funds, and for other purposes. 
CHAPTER XX. An act to establish a claim agency of Tennessee in the city of Washington. 
CHAPTER XXI. An act for the benefit of discharged Union soldiers. 
CHAPTER XXII. An act accepting, on the part of the State of Tennessee, a grant of land made by the United 

States to the several States aud Territories which may provide colleges for the benefit of agriculture and 

the mechanic arts. 

CHAPTER XXIII. An act to provide for the payment of certain counsel fees. 
CHAPTER XXIV. An act for the protection of sheriffs and other civil officers of the State. 
CHAPTER XXV. An act to regulate the stock of the county of Simmer in the Nashville and Louisville rail 
road, ami for other purposes. 
CHAPTER XXVI. Au act to accept the surrender of the charter of the Bank of Middle Tennessee, and for 

other purposes. 

CHAPTER XXVII. An act to repeal the law apportioning money to division fairs aud county societies. 
CHAPTER XXVIII. An act to supply lost deeds and title papers. 
CHAPTER XXIX. An act to modify the oath prescribed for liquor dealers. 
CHAPTER XXX. An act to release the citizens from paying the State and county taxes for the years 1862, 

J8C.3, and 1864. 
^CHAPTER XXXI. An act to amend an act to reform and regulate banking in Tennessee, passed February 6, 

1862. 



RECONSTRUCTION TENNESSEE. 3 



CHAPTKR XXXII. An act to declare and make valid certain acts of certain officers of this State. 

CHAPTER XXXIII. An act to provide for the payment of the governor s staff. 

CHAPTER XXXIV. An act to apportion the representation in the Congress of the United States. 

CHAPTER XXXV. An act to secure the funds provided for public education. 

CHAPTER XXXVI. An act to pay the current expenses of this session of the general assembly, and for other 

purposes. 
CHAPTER XXXVII. An act to change the eleventh, twelfth, and fourteenth judicial circuits of this State 

and for other purposes. 

PRIVATE ACTS. 

CHAPTER I. An act for the benefit of J. G. Frazer, clerk of the supreme court for the middle district of 
Tennessee. 

CHAPTER II. An act to incorporate the East Tennessee Iron, Coal, and Petroleum Company. 

CHAPTER III. An act to incorporate the llaulston Oil and Salt Company. 

CHAPTER IV. An act to develope the various oil and mineral interests of the State of Tennessee, and for 
other purposes. 

CHAPTER V. An act to incorporate the Bridgeman Oil and Salt Company. 

CHAPTER VI. An act to charter the Tennessee Express Company. 

CHAPTER VII. An act to incorporate the Memphis Ladies Institute, of Memphis, Tennessee. 

CHAPTER VIII. An act to incorporate the Tennessee Colonial Company for the purpose of promoting emi 
gration, to establish vineyards, develope the mineral and other resources of the State of Tennessee. 

CHAPTER IX. An act to incorporate the Cairo and New Orleans Pilot s Benevolent Association. 

CHAPTER X. An act incorporating the Great Southwestern Oil and Mining Company. 

CHAPTER XI. An act to change a railroad fund into a county fund for Blouut county. 

CHAPTER XII. An act to incorporate the Tennessee Fire and Marine Insurance Company. 

CHAPTER XIII. An act to incorporate a literary society of Nashville, known as the "Agnomen Club." 

CHAPTER XIV. An act to authorize and instruct the comptroller of the treasury to audit, and the treasurer 
to pay the salary due the Hon. Samuel D. Frierson, chancellor. 

CHAPTER XV. An act to amend an act passed on the 26th of February, 1858, entitled "An act to charter the 
Cleveland and Ducktown railroad. 

CHAPTER XVI. An act to incorporate the Nashville Barbei-s Association. 

CHAPTER XVII. An act to incorporate the Tennessee Oil, Mining, and Manufacturing Company. 

CHAPTER XVIII. An act to incorporate the Memphis City Railroad Company. 

CHAPTER XIX. An act to incorporate the Tennessee and Kentucky Petroleum, Mining, and Manufacturing 
Company, and for other purposes. 

CHAPTER XX. An act to amend an act authorizing John C. Haley to establish a turnpike road, passed 
October 28, 1833. 

CHAPTER XXI. An act to incorporate the Memphis and Mound City Arkansas Steam Packet Company of 
Memphis. 

CHAPTER XXII. An act to incorporate the Tennessee Motintain Petroleum and Mining Company. 

CHAPTER XXIII. An act to incorporate the East Tennessee Union Petroleum, Coal, Iron, and Salt Company. 

CHAPTER XXIV. An act to incorporate the Manchester and Barren Fork Mining and Manufacturing Company. 

CHAPTER XXV. An act to amend an act entitled "An act to incorporate the East Tennessee and Virginia 
Railroad Company," passed the 27th day of January, 1848. 

CHAPTER XXVI. An act to incorporate the Tennessee Mining and Mannfacturirg Company. 

CHAPTER XXVII. An act to incorporate the Tennessee and Cumberland Oil and Mining Company. 

CHAPTER XXVIII. An act to charter the East Tennessee Female College. 

CHAPTER XXIX. An act to change the line between the counties of Anderson and Campbell. 

CHAPTER XXX. An act to incorporate the Cumberland Basin Petroleum and Mining Company. 

CHAPTER XXXI. An. act to incorporate the Cumberland Mining and Petroleum Company, and for other 
purposes. 

CHAPTER XXXII. An act to incorporate the United Hebrew Brethren Benefit Society of Memphis. 

CHAPTER XXXIII. An act to encourage the planting, improvement, and other interests of the State of Ten 
nessee, and for other purposes. 

CHAPTER XXXIV. An act to incorporate the New Fork and Tennessee Petroleum and Mining Company. 

CHAPTER XXXV. An act to recharter the Tennessee Marine and Fire Insurance Company. 

RESOLUTIONS. 

NUMBER I. Joint resolution to compare the vote for governor. 

NUMBER II. A joint resolution of respect to the memory of Hon. Samuel K. McCammon. 

NUMBER III. Senate resolution to print rules for its government. 

NUMBER IV. Senate resolution fixing number of papers to be taken by members. 

NUMBER V. Senate resolution inviting General Thomas to,a seat in the senate. 

NUMBER VI. Senate resolution to open the senate with prayer. 

NUMBER VII. Joint resolution to notify the governor of his election. 

NUMBER VIII. Joint resolution to meet in convention to inaugurate the governor. 

NUMBER IX. Joint resolution adopting the amendments of the Constitution ef the United States abolishing 

slavery. 
NUMBER X. A joint resolution tendering the thanks of the general assembly of the State of Tennessee to 

General Thomas. 

NUMBER XI. Joint resolution tendering the thanks of the loyal people of Tennessee to the legislature of Ohio. 
NUMBER XII. Joint resolution directing the State treasurer to pay to members of the legislature the amount 

due them. 

NUMBER XIII. Joint resolution to elect a secretary of state. 
NUMBER XIV. Joint resolution to raise a committee on the State library. 

NUMBER XV. Joint resolution to appoint a joint committee of the two houses to report joint rules and regu 
lations for the government of both houses. 

NUMBER XVI. Joint resolution to raise a joint committee to redistrict the State. 
NUMBER XVII. Joint resolution to appoint a committee to investigate the past and present condition an* 

management of the penitentiary. 
NUMBER XVIII. Joint resolution appointing a committee to report what action should be had with reference 

to the death of President Abraham Lincoln. 
NUMP.ER XIX. Joint resolution expressing the sense of the general assembly on the death of President 

Abraham Lincoln. 

NUMBER XX. Joint resolution to support the administration of President Johnson. 
NUMBER XXL Joint resolution requesting the governor of the State to communicate certain facts to the 

President of the United States. 



4 RECONSTRUCTION TENNESSEE. 



NUMBER XXII. Joint resolution allowing mileage to Messrs. Grantham and Tighe. 
NUMBKII XXIII. Joint resolution to mei-t in convention to elect a comptroller. 
NUMBER XXI V. Joint resolution raisin"; :i joint committee on ways and means. 
NUMBER XXV. Joint resolution to meet in convention to elect registers of land offices. 
NUMBER XXVI. Joint resolution for the Ix-m-fit of V. Meyejs. 

NUMBER XXVII. Joint resolution to meet in convention to elect a secretary of state. 
NUMBKR XX VIII. Joint resolution to meet in convention to elect a treasurer and secretary of state. 
NUMBER XXIX. Joint resolution in regard to the State library. 

NUMBKR XXX. Joint resolution to meet in convention to elect senators to the United States Congress. 
NUMBKR XXXI. A joint resolution to declare the office of comptroller of the treasury of the State of Ten 
nessee vacant. 

NUMBER XXXII. Joint resolution to meet in convention to elect a public printer. 
NUMBKR XXXIII. Joint resolution to meet in convention to elect a State librarian. 
NUMBKR XXXIV. Joint resolution offering a reward of five thousand dollars for the apprehension of Lsham 

G. Harris. 

NUMBKR XXXV. A joint resolution to meet the house in convention to elect a State comptroller. 
NUMBKR XXXVI. Joint resolution to raise a joint committee to wait on the national banks of the State. 
NUMBKR XXXVII. Joint resolution to meet in convention to elect an entry-taker for the Ocoee district. 
NUMBER XXXV11L Joint resolution appointing commissioners to settle with the Louisville and Nashville 

railroad. 

NUMBER XXXIX. Joint resolution applying to the President for troops. 
NUMBER XL. A joint resolution appointing a committee to memorialize Congress. 
NUMBER XLI. Resolution of inquiry in relation to the Hermitage property. 
NUMBKR XL1I. Joint resolution raising a joint committee on the elective franchise. 

NI MBKR XLIII. Joint resolution requr sting the governor to lay before the legislature certain correspondence. 
Nr.MBER XL1V. A joint resolution declaring certain civil offices vacant, and providing for filling the same. 
NUMBER XLV. Joint resolution to raise a joint committee to examine into the condition of the Bank of Ten 
nessee and branches. 
NUMBER XL VI. Joint resolution to authorize the secretary of state to take charge of the senate chamber and 

the hall of the house of representatives. 

NUMBER XL VI I. Joint resoluton to meet in convention to elect a keeper of the penitentiary. 
NUMBER XLVIII. Joint resolution of thanks to Major General Stoneman. 

NUMBER XLIX. Joint resolution requesting information from the bondholders of Tennessee bonds. 
NUMBER L. Joint resolution directory to the attorney general of the state. 
NUMBER LI. Joint resolution taking charge of the assets of the Bank of Tennessee. 
NUMBER LII. A joint resolution providing for the number of acts and journals of the legislature of 18G5 to be 

printed for distribution. 
NUMBER LIII. A joint resolution in relation to a certain class of Tennessee Union soldiers who lost their 

lives in the army of the Union during the rebellion. 

NUMBER LIV. Joint resolution directory to the trustees of Tennessee Hospital for the Insane. 
NUMBER LV. Joint resolution appointing a committee to wait on the major general commanding the depart 
ment and make inquiries in relation to certain assessments. 

NUMBER LVI. A joint resolution appointing a committee to settle with Hon. Joseph S. Fowler, late comp 
troller and acting treasurer of the State. 

NUMBER LVII. Joint resolution directory to the secretary of state. 
NUMBER LVI1L Joint resolution requesting the governor to employ an attorney-at-law, 
NUMBER L1X. Joint resolution directory to the comptroller. 
NUMBER LX. Joint resolution directory to the keeper of the penitentiary. 
NUMBER LXI. Joint resolution postponing the business before the general assembly. 
NUMBER LXII. Joint resolution to have published in certain newspapers "An act to limit the elective 

franchise." 
NUMBER LXIII. Joint resolution of thanks to Brevet Brigadier General J. L. Donaldson, chief quartermaster 

department of the Cumberland, and Captain Hunter Brooke, provost marshal. 

NUMBER LXIV. Joint resolution congratulatory at the appointment of Major General Thomas to this military 
division. 



INTRODUCTORY DOCUMENTS. 

The following papers embrace the commission of Hon. Andrew Johnson as 
military governor of Tennessee, from the War Department at Washington; 
his instructions from President Lincoln, in accordance with the 4th section of 
the 4th article of the federal Constitution ; the call of the Executive Union 
Committee of the State for a State convention, to meet December 19, 1864, at 
the State capitol; and the call of the same committee for a postponed meeting 
of the same convention, to meet January 8, 1865, said postponement being ren 
dered necessary in consequence of the siege of Nashville by the rebel army ; 
, h- alterations and amendments to the State constitution, proposed to the people 
of Tennessee by that convention, with the accompanying resolutions of that 
body ; the proclamation of Governor Johnson authorizing the opening of the 
polls throughout the State for the ratification or rejection of said amendments 
and alterations to the constitution; and the final proclamation of Governor 
Johnson, declaring said amendments and alterations to be legally adopted as a 
part of the constitution by formal ratification of the loyal voters of the State 



RECONSTRUCTION TENNESSEE 5 



APPOINTMENT OF ANDREW JOH-NSON AS MILITARY GOVERNOR OF TENNESSEE 

BY THE PRESIDENT. 

WAR DEPARTMENT, March 3, 1862. 
To the Hon. Andrew Johnson : 

SIR : You are hereby appointed military governor of the State of Tennessee, 
with authority to exercise and perform, within the limits of that State, all and 
singular the powers, duties, and functions pertaining to the office of military 
governor, including the power to establish all necessary offices, tribunals, &c. 

EDWIN M. STANTON, 

Secretary of War. 

EXECUTIVE MANSION, 
Washington, D. C., September 19, 1863. 

You are hereby authorized to exercise such powers as may be necessary and 
proper to enable the loyal people of Tennessee to present such a republican 
form of State government as will entitle the State to the guarantee of the United 
States therefor, and to be protected under such State government by the United 
States against invasion and domestic violence. All according to the 4th section 
of the 4th article of the Constitution of the United States. 

ABRAHAM LINCOLN. 
Hon. ANDREW JOHNSON, 

Military Governor of Tennessee. 



The following call was published by a committee of Union men in Middle 
Tennessee. Similar calls were published by Union committees in East and 
West Tennessee : 

To the Union men of Middle Tennessee : 

The executive committee of Middle Tennessee take this opportunity of 
requesting the Union men of the middle division of the State to appoint delegates 
to the convention at Nashville on the 19th of December. The people of East 
and West Tennessee will be here; it is our duty to meet them. The people 
meet to take such steps as wisdom may direct to restore the State of Tennessee 
to its once honored status in the great national Union. 

The dignity of men descended from a race of freemen and heroes, the 
maintenance of your rights and the interests of your children, all call upon you to 
act as brave and true men. Come forth in your strength to assert your rights 
and to organize the loyal sentiment of Tennessee. 

If you cannot meet in your counties, come upon your own personal respon 
sibility. It is the assembling of Union men for the restoration of their own 
Commonwealth to life and a career of success. 

LEWIS TILLMAN, 
WM. SPENCE, 
M. M. BRIEN, 
A. V. S. LINDSLEY, 
JOS. S. FOWLER, 
Executive Committee Middle Tennessee. 

The presence of the rebel army around Nashville prevented the convention 
from assembling, and the following call was made accordingly : 



RECONSTRUCTION TENNESSEE. 



NASHVILLE, Decemlcr 19, 1864. 
To the Union men of Tennessee 

The executive committee of Middle Tennessee have selected the 8th of Jan 
nary, 1865, for the meeting of the State convention at Nashville 

As the anniversary of the battle of New Orleans, the 8th day of January, 
occurs on Sunday, the convention will nut assemble until the 9th. 

The committees in East and West Tennessee are requested to make a simi 
lar announcement in their respective districts, 

M. M. BRIEN, 
WM. SPENCE, 
LEWIS TILLMAN, 
A. V. S. LINDSLEY, 
JOS. S. FOWLER, 
Executive Committee Middle Tennessee, 
DECEMBER 5, 1864. 



The convention met and proposed the following alterations and amendmen 
to the Stata constitution : 

PROPOSED ALTERATIONS AND AMENDMENTS TO THE CONSTITUTION. 

Whereas the first article and the first section of the declaration of rights in 
the constitution of the State of Tennessee declares " that all power is inherent 
in the people, and all free governments are founded on their authority, and 
instituted for their peace, safety, and happiness ; and for the advancement of 
these ends they have at all times an inalienable and indefeasible right to alter, 
reform, or abolish the government in such manner as they may think proper," 
we, the people of the State of Tennessee and of the United States of America 
in convention assembled, do propound the following alterations and amendments 
to the constitution, which, when ratified by the sovereign loyal people, shall be 
and constitute a part of the permanent constitution of the State of Tennessee. 

ARTICLE I. 

SECTION 1. That slavery and involuntary servitude, except as a punishment 
for crime, whereof the party shall have been duly convicted, are hereby forever 
abolished and prohibited throughout the State. 

SEC. 2 The legislature shall make no law recognizing the right of property in 
man. 

SCHEDULE. 

SECTION 1. Section 31 of the second article of the constitution, which is as 
follows, " The general assembly shall have no power to pass laws for the eman 
cipation of slaves, without the consent of their owner or owners," is hereby 
abrogated. 

SEC. 2. " The declaration of independence and ordinance dissolving the 
federal relations between the State of Tennessee and the United States of 
America," passed and promulgated by the legislature of Tennessee on the 6th 
day of May, 1861, by which the State was declared separated from the federal 
Union, and all laws and ordinances by which Tennessee became a member of the 
federal Union, annulled and abrogated, was in like manner an act of treason 
and usurpation, unconstitutional, null and void. 

SEC. 3. The convention, agreement, and military league entered into by the 
commissioners of the State of Tennessee and the commissioners of the so-called 



RECONSTRUCTION TENNESSEE. 7 

Confederate States of America, made May 7, 1861, and on the same day ratified 
and confirmed by the legislature, was an act of treason and usurpation, uncon 
stitutional, null and void. 

SEC. 4. No statute of limitations shall be held to operate from and after the 
6th day of May, 1861, until such time hereafter as the legislature may prescribe, 
nor shall any writ of error be refused or abated in any cause or suit decided 
since the 6th day of May, 1861, and prior to this time, by reason of any lapse 
of time. And in all actions for torts brought, or which may hereafter be brought 
in the courts in this State by attachment levied upon the property of the de 
fendant, the court shall have power to proceed to judgment and collection of the 
same, as upon contracts, without personal service of process upon the defendant, 
until the legislature may see fit to change the law in such cases. 

SEC. 5. All laws, ordinances, ami resolutions, as well as all acts done in pur 
suance thereof, under the authority of the usurped State government after the 
declared independence of the State of Tennessee, on or after the 6th day of 
May, 1861, were unconstitutional, null and void from the beginning: Provided, 
That this section shall not be construed as to affect any judicial decisions made 
by the State courts held at times differing from those provided by law prior to 
May 6, 1861 ; said judicial decisions being 1 made pursuant to the laws of the 
State of Tennessee enacted previous to said date, and between parties present 
in court and litigating their rights. 

SEC. 6. All laws, ordinances, and resolutions of the usurped State government, 
passed on or after the 6th day of May, 1861, providing for the issuance of State 
bonds, also all notes of the Bank of Tennessee, or any of its branches, issued 
on or after the 6th day of May, 1861, and all debts created or contracted in the 
name of the State by said authority, are unconstitutional, null and void; and no 
legislature shall hereafter have power to pass any act authorizing the payment 
of said bonds or debts, or providing for the redemption of said notes. 

SEC. 7. All civil and military officers which have been or may hereafter be 
appointed by the acting governor of the State, are hereby ratified and affirmed, 
and they shall continue to hold and exercise the functions of their respective 
offices until their successors shall be elected or appointed, and qualified as pre 
scribed by the laws and Constitution of the State and United States. 

SEC. 8. That the proposed amendments to the Constitution, and the schedule 
thereto, be submitted to the people at the ballot-box, on the 22d day of Febru 
ary next, and that upon the adoption thereof, by the people, an election shall be 
held on the 4th day of March next, for governor and members of the legislature, 
the latter to be voted for by general ticket, upon the basis prescribed in the act 
apportioning representation in the State, passed on the 19th day of February, 
1852, to assemble at the capitol on the 1st Monday in April next, said officers 
to continue in office until their successors shall be elected and qualified, under 
the regular biennial election of 1867. 

Provided, That said apportionment be so modified as to give to the counties 
of Johnson, Carter, Campbell, Anderson, Union, Sevier, Macon, and Hancock, 
each one member, and the district composed of the counties of Fentress, Mor 
gan, Scott, and Cumberland, one additional member in the House of Represen 
tatives. 

SEC. 9. The qualifications of voters and the limitation of the elective fran 
chise may be determined by the general assembly, which shall first assemble 
under the amended Constitution. 

RESOLUTIONS. 

Resolved, That at the election in February those in favor of the foregoing 
amendments and schedule shall deposit a ballot on which shall be written 
"Ratification," and those who are opposed shall deposit a ballot on which shall 
be written "Rejection." 



8 RECONSTRUCTION TENNESSEE. 

Resolved, That when the above amendments of the constitution of the State 
of Tennessee shall be submitted to the people of the State for their ratification 
or rejection, and at the first election held under said constitution as amended, if 
ratified by the people, no person shall be permitted to vote unless he first take 
the following o th at the polls; and the name of each voter shall be written 
upon the back of his ticket, and it shall be the duty of the judges and clerks of 
said election to preserve said tickets and file them with the clerks of the county 
courts of their respective counties for future reference. Provided, That this 
oath shall not be required of the citizens who are well known to the judges of 
the election to have been unconditional Union men. Proridtd, also, That voters 
otherwise qualified may vote within any county of the; State, and if in the mili 
tary service, wherever they may be on the day of election ; and that the com 
manding officer of each regiment, battalion, detachment, battery, or hospital, is 
empowered to hold such elections. 

Oath. I solemnly swear that I will henceforth support the Constitution of 
the United States, and defend it against the assaults of all its enemies; that I 
am an active friend of the government of the United States, and the enemy of 
the so-called Confederate States; that I ardently desire the suppression of the 
present rebellion against the government of the United States; that I sincerely 
rejoice in the triumph of the armies and navies of the United States, and in the 
defeat and overthrow of the armies, navies, and of ;tll armed combinations in 
the so-called Confederate States; that I will cordially oppose all armistices or 
negotiations for peace with rebels in arms, until the Constitution of the United 
States, and all laws -and proclamations made in pursuance thereof shall be estab 
lished over all the people of every State and Territory embraced within the 
national Union; and that I will heartily aid and assist the loyal people in what 
ever measures may be adopted for the attainment of those ends ; and further, 
that I take this oath freely and voluntarily and without mental reservation. So 
help me God. 

Resolved, That the returns of this election shall be made to the secretary of 
State, and the result be declared by the proclamation of the acting governor. 

Resolved, That the convention do nominate and offer to the people a candi 
date for governor, and that the delegates from the several senatorial and repre 
sentative districts be requested to nominate and present to the convention 
candidates for their respective districts, to be placed upon the general legislative 
ticket : Provided, If the Union people of any district shall desire to make another 
selection, that they have opportunity to do so. 

Eesolccd, That it shall be the duty of the executive committee to fill all 
vacancies that may occur in the list of candidates and officers for holding elec 
tions solicited by the convention. 

Resolved, That the names of such as may be selected shall be forwarded to- 
the chairman at Nashville, on or before the 10th day of February next, when 
the chairman shall publish the complete list in the papers of the State. 



GOVERNOR S PROCLAMATION. 

Whereas, at a large and respectable convention of the free and loyal people 
of the State of Tennessee, begun and held in the city of Nashville, on the 9th 
day of January, 1SG5, certain articles amendatory of the constitution of the 
State and the schedule thereto appended, were, with great unanimity, adopted 
and propounded to the people for ratification or rejection on the 22d of Febru 
ary, 1865 ; and whereas, the schedule provides that in the event of the ratifica 
tion of said proposed constitutional amendments, the loyal people of the State 
shall, on the 4th of March next thereafter, proceed by " general ticket," to elect a 
governor arid members to the general assembly, to meet in the capitol in Nash- 



RECONSTRUCTION TENNESSEE. 9 

ville, for tie transaction of public business, on the first Monday of April, 1865 ; 
and whe/^as, the convention aforesaid, acting in the primary and sovereign 
capacity of the people, prescribed certain rules and regulations under which the 
should be conducted, and designated, in many of the counties, certain 
Arsons to open and hold the same, and in others omitted to name any one, 
which, to avoid confusion, I have, as far as practicable, caused to be supplied; 
and in addition thereto, and for the purpose of more effectually carrying out the 
objects of the convention and enabling the sovereign loyal people of the State 
to express their judgment freely and fully on the grave question submitted to 
their decision: 

Therefore, I, Andrew Johnson, military governor of the State of Tennessee, 
by virtue of the power and authority in me vested, do hereby declare that the 
several persons in the proceedings of the convention named and appointed to 
open and hold the elections therein provided for, are hereby empowered and 
directed to open and hold said elections in person in their respective counties, 
wherever practicable, and to appoint and qualify, if necessary, such judges and 
inspectors of elections and other officers, as may be necessary to open the polls 
and conduct the elections in such other parts of their respective counties as the 
convenience of the people may require, and to make returns to the secretary of 
the State, as provided by the third resolution of the convention, as nearly as 
practicable in conformity to the act of assembly, in such cases made and provided. 

And I do hereby further declare, and fully authorize and direct the executive 
committee appointed in each grand division of the State, and referred to in the 
fourth and fifth resolutions of the proceedings of said convention, to supply, 
whenever practicable, the places of all such persons as, for any cause, may 
become vacant in the list of persons hereinbefore qualified to hold said elections ; 
and in such cases, when it is not convenient or practicable for vacancies to be 
filled as above provided, any loyal citizen of the county is hereby authorized 
and empowered to open and hold said elections, and make return thereof, which 
shall be as valid as if done by any of the persons hereinbefore mentioned. 

I do furthermore authorize and empower the commanding officer of each 
regiment, battalion, detachment, battery, or hospital of Tennessee troops, 
wherever they may be on the day of said elections, to open and hold elections 
for their respective command^ or hospitals, and make due return thereof, under 
the same rules and regulations above prescribed. 

Here I might well close this proclamation, but I will be pardoned for adding 
that the action of the convention is wisely submitted to the loyal people the 
true source of all political power for approval; and I feel assured, as they 
appreciate the restoration of good government, and the protection of their lives 
and property, they will not hesitate to come forward, as one man, and with one 
voice ratify and confirm the action of the convention. We have been, in Ten 
nessee, torn asunder by civil war, and all our public and private interests broken 
down, and the folly of the rebellion has surely been sufficiently demonstrated to 
admonish all classes that they can no longer live in hostility to the national 
government, and ought no longer t-.> remain without civil authority in the State. 
Strike down at one blow, the institution of slavery remove the disturbing 
element from your midst, and by united action restore the State to its ancient 
moorings again, and you may confidently expect the speedy return of peace, 
happiness and prosperity. 

In testimony whereof, I, Andrew Johnson, military governor of Tennessee, 
do hereunto set my hand, and cause the great seal of the State to be affixed at the 
executive office, in the city of Nashville, on this the 26th day of January, 1865. 

ISEAL.I ANDREW JOHNSON. 



1 RECONSTRUCTION TENNESSEE. 

OFFICIAL DECLARATION OF THE RATIFICATION OF THE AMENDMENTS TO THE 
CONSTITUTION GOVERNOR S PROCLAMATION. 

Whereas, the convention that recently assembled in the city of Nashville 
proposed certain alterations and amendments to the constitution of the State of 
Tennessee, and the schedule thereto appended, which, by the direction of the 
convention, were submitted to the people at the ballot-box on the 22d instant, 
and by them ratified and confirmed; and whereas the convention further pro 
vided, that in the event of the adoption of "the amendments to the constitution, 
and ihe schedule thereto," an election for governor and members of the legisla 
ture should be held on the 4th of March next following, to assemble at the 
capitol in Nashville on the first Monday in April next thereafter; and whereas 
the returns of the election for the ratification or rejection of the proposed amend 
ments of the constitution were, by the 3d resolution adopted by the convention, 
to be made to the secretary of State, and the result declared by proclamation of 
the acting governor; and whereas complete returns have not been yet made 
as provided by the foregoing resolution, but enough is already ascertained to 
place the result of the election beyond all doubt, and fully to justify the an 
nouncement that the following articles amendatory of the constitution of the 
State and schedule thereto appended have been adopted by the people, viz : 

"ARTICLE I. 

"SECTION 1. Slavery and involuntary servitude, except as a punishment for 
crime, whereof the party shall have been duly convicted, are hereby forever 
abolished and prohibited throughout the State. 

"SEC. 2. The legislature shall make no law recognizing the right of property 
in man. 

"SCHEDULE. 

"SECTION 1. Section 31 of the second article of the constitution, which is as 
follows : The general assembly shall have no power to pass laws for the eman 
cipation of slaves, without the consent of their owner or owners, is hereby 
abrogated. 

"SEC. 2. < The declaration of independence an* ordinance dissolving the fed 
eral relations between the State of Tennessee and the United States of America, 
passed and promulgated by the legislature of Tennessee on the 6th day of May, 
1861, by which the State was declared separated from the federal Union, and 
all laws and ordinances by which Tennessee became a member of the federal 
Union annulled and abrogated, was in like manner an act of treason and usur 
pation, unconstitutional, null, and void. 

"SEC. 3. The convention, agreement, and military league, entered into by 
the commissioners of the State of Tennessee and the commissioner of the so- 
called Confederate States of America; made May 7, 1861, and on the same day 
ratified and confirmed by the legislature, was an act of treason and usurpatiou, 
unconstitutional, null, and void. 

"SEC. 4. No statute of limitations shall be held to operate from and after the 
6th day of May, 1861, until such time hereafter as the, legislature may prescribe, 
nor shall any writ of error be refused or abate in any cause or suit decided 
since the 6th day <>f .May, 1861, and prior to this time, by reason of any lapse 
of time. And in all actions for torts brought, or which may hereafter be brought 
in the courts of this State by attachment levied upon the property of the de 
fendant, the courts shall have power to proceed to judgment and collection of 
the same as upon contracts, without personal service of process upon the de 
fendant, until the legislature may see fit to change the law in such cases. 

"SEC. 5. All laws, ordinances* and resolutions, as well as all acts done in 



RECONSTRUCTION TENNESSEE. 1 1 

pursuance thereof, under the authority of the usurped State government after 
the declared independence of the State of Tennessee, on or after the iSth day of 
May, 1861, were unconstitutional, null, and void, from the beginning : Provided, 
That this section shall not be construed as to affect any judicial decisions made 
by the State courts, held at times differing from those provided by law, prior to 
May 6, 1861; said judicial decisions being made pursuant to the laws of the 
State of Tennessee enacted previous to said date, and between parties present 
in court and litigating their rights. 

" SEC. 6. All laws, ordinances, and resolutions of the usurped State govern 
ment, passed on or after the 6th day of May, 1861, providing for the issuance 
of State bonds ; also all notes of the Bank of Tennessee, or any of its branches, 
issued on or after the 6th day of May, 1861, and all debts created or contracted 
in the name of the State by said authority, are unconstitutional, null, and void; 
and no legislature shall hereafter have power to pass any act authorizing the 
pr.yment of said bonds or debts, or providing for the redemption of said notes. 

" SEC. 7. All civil and military officers who have been or may hereafter be 
appointed by the acting governor of the State, are hereby ratified and affirmed, 
and they shall continue to hold and exercise* the functions of their respective 
offices until their successors shall be elected or appointed and qualified as pre 
scribed by the laws and constitution of the State and United States. 

" SEC. 8. The proposed amendments to the constitution, and the schedule 
thereto, shall be submitted to the people at the ballot-box on the 22d day of 
February next, and upon the adoption thereof by the people an election shall 
be held on the 4th day of March next for governor and members of the legisla 
ture, the latter to be voted for by general ticket, upon the basis prescribed in 
the act apportioning representation in the State, passed on the 19th day of 
February, 1852, to assemble at the capitol on the first Monday in April next, 
said officers to continue in office until their successors shall be elected and quali 
fied under the regular biennial election of 1867 : Provided, That said appor 
tionment be so modified as to give to the counties of Johnson, Carter, Campbell, 
Anderson, Union, Sevier, Macon, and Hancock each one member, and the dis 
trict composed of the counties of Fentress, Morgan, Scott, and Cumberland one 
additional member in the house of representatives. 

" SEC. 9. The qualification of voters and the limitation of the elective fran 
chise may be determined by the general assembly which shall first assemble 
under the amended constitution." 

And whereas the time at which it is provided the election for governor and 
members of the general assembly shall be held is so near at hand that I deemed 
it proper, in advance of full returns, to declare the result of the election adopting 
the constitutional amendments : 

Therefore, I, Andrew Johnson, military and acting governor of the State of 
Tennessee, by virtue of the power and authority in me vested, do hereby de 
clare that the foregoing alterations and amendments to the constitution of the 
State of Tennessee, and the schedule thereto annexed, have been ratified and 
confirmed by the vote of the people of the State, and that said articles now con 
stitute a part of the permanent constitution and supreme law of the State of 
Tennessee, and as such are hereafter to be so held and regarded by the people 
thereof. 

And I do hereby further declare and fully authorize and direct the several 
persons in the proceedings of the late convention named and appointed to open 
and hold the election for the ratification or rejection of the amendments to the 
constitution, to open and hold an election for governor and members to the gen 
eral assembly, as in the schedule prescribed, on the 4th of March next; and 
they are hereby empowered and directed to open and hold said election, in per 
son, in their respective counties, wherever practicable, and to appoint and 
qualify, if necessary, such judges and inspectors of election, and other officers, 



1 2 RECONSTRUCTION TENNESSEE. 

as may be necessary to open the polls and conduct the election in such other 
parts of their respective counties as the convenience of the people may require; 
and to make returns to the secretary of state as provided by the third resolu 
tion of the convention, as nearly as practicable in conformity to the act of as 
sembly in such cases made and provided. 

And I do hereby further declare, and fully authorize and direct the executive 
committee, appointed in each grand division of the State, and referred to in the 
fifth resolution of the proceedings of said convention, to supply, whenever prac 
ticable, the places of all such persons as may for any cause become vacant in 
the list of persons hereinbefore declared qualified to hold said election ; and in 
such cases, when it is not convenient or practicable for vacancies to be filled as 
above provided, any loyal citizen of the county is hereby authorized and em 
powered to open and hold said election, and make returns thereof, which shall 
be as valid as if done by any of the persons hereinbefore mentioned. 

I do further authorize and empower the commanding officer of each regiment, 
battalion, detachment, battery, or hospital of Tennessee troops, wherever they 
may be on the day of election, to open and hold an election for their respective 
commands or hospitals, and make clue return thereof under the same rule and 
regulations above prescribed. 

In closing this proclamation, I sincerely congratulate the people of Tennessee 
on the happy result of the election, and the opening prospects of a speedy and 
permanent reorganization of the State government. For nearly three years, in 
the midst of dangers and difficulties the most complicated and perplexing, I 
have labored to restore the State to its former proud position in the Union. 
My constant effort has been to save it not to destroy it; but the rebellious 
sentiments of the people often interposed obstacles which had to be overcome by 
military power. The task was painful, but the duty has been performed, and 
the result has passed into history. Time, I arn happy to say, has greatly calmed 
the passions of the people, and experience restored them to reason. The folly 
of destroying their government, and sacrificing their sons to gratify the mad 
ambition of political leaders, needs no longer to be told to the laboring masses. 
The wasted estates, ruined and dilapidated farms, vacant seats around the 
hearthstone, prostrate business, insecurity of property, and even life itself, every 
where proclaim it in language not to be misunderstood. 

But all is not lost. A new era dawns upon the people of Tennessee. They 
enter upon a career guided by reason, law, order, and reverence. The reign of 
brnte force and personal violence has passed away forever. By their own 
solemn act, at the ballot-box, the shackles have been formally stricken from the 
limbs of more than 275,000 slaves in the State. The unjust distinctions in so 
ciety, fostered by an arrogant aristocracy, based upon human bondage, have 
been overthrown, and our whole social system reconstructed on the basis of 
honest industry and personal worth. Labor shall now receive its merited re 
ward, and honesty, energy, and enterprise their just appreciation. Capital here 
tofore timid and distrustful of success may now confidently seek remunerative 
and permanent investments in the State. Public schools and colleges begin 
anew their work of instruction, upon a broader and inoje enduring basis. The 
foundations of society, under the change in the constitution, are in harmony 
with the principles of free government and the national Union ; and if the 
people are true to themselves true to the State and loyal to the federal 
government, they will rapidly overcome the calamities of the war, and raise the 
State to a power and grandeur not heretofore even anticipated. Many of its 
vast resources lie undiscovered, and it requires intelligent enterprise and free 
labor alone to develop them, and clothe the State with a richness and beauty 
surpassed by none of her sisters. 



RECONSTRUCTION TENNESSEE. 1 3 

In testimony whereof, I, Andrew Johnson, military and acting governor of 
Tennessee, do hereunto set my hand and cause the great seal of the State to be 
affixed, at the executive office, in Nashville, on this 25th day of February, A. D. 
1865. 

[SEAL.] ANDREW JOHNSON. 



GOVERNOR S MESSAGE. 
. i 

EXECUTIVE DEPARTMENT, 

Nashville, April 6, 1865. 

Gentlemen of the Senate and House of Representatives : 

In accordance with long established custom, and in obedience to the require 
ments of the constitution, it becomes my duty to communicate to the legislature 
the condition of the State, and to recommend for their consideration such matters 
as I may deem expedient. 

When we contemplate the distracted condition of the country, the four dread 
ful years of trial through which we have passed, and the manner in which it 
has been preserved, our minds naturally turn to Him whose care has been over 
us, who has protected and preserved us through scenes of blood and carnage 
unprecedented in the history of wars. For the preservation of our lives and 
certain remnants of our property ; for the care and protection of Providence 
over those who have gone forth to battle, and are still risking their lives in de 
fence of the principles upon which our happiness and property rest ; for life, 
health, food and raiment ; for our safe conduct through untold changes, by a 
kind Providence ; for the prospect of the restoration of law and order in our 
distracted State ; for the gleam of light, looking to peace, now breaking through 
the clouds that have enveloped us for the four years past ; for these and numer 
ous other blessings of which we have been the recipients, let us, in all humility 
and sincerity, render thanks to Almighty God, and let us earnestly implore a 
continuance of his favor. 

Secession is an abomination that I cannot too strongly condemn, and one that 
you cannot legislate against with too much severity. What has it done for our 
country in the space of four years! It has plunged our country into civil war, 
paralyzed our commerce, destroyed our agricultural pursuits, suspended the 
whole trade and business of our country, lessened the value of our property, 
destroyed many of the pursuits of life, and has involved the South in irretriev 
able bankruptcy and ruin. 

What has it done for Tennessee ? It has formed odious and unconstitutional 
military leagues, passed military bills, and inaugurated a system of oppressive 
taxation, without consulting the people, and then, in mockery of a free election, 
has required them by their votes to sanction its usurpation, at the point of the 
bayonet, under the penalty of imprisonment and death. It has offered a pre 
mium for crime, in ordering the discharge of culprits from prison, on condi 
tion that they would enter the rebel army, and in recommending the judges to 
hold no courts for the trial of offenders. It has stained our statute book with 
the repudiation of honest northern debts, and has palpably violated the Con 
stitution, by attempting, through its unlawful extensions, to do away with the 
right of suffrage. It has passed laws making it treason to say or do anything 
in favor of the government of the United States, or against the so-called Con 
federate States. It has prostrated and overthrown the freedom of speech and 
of the press ; it has involved the whole South in a war whose success is now 
proven to be utterly hopeless, and which, ere another year roll round, must lead 
to the ruin of the common people. Its bigoted, murderous, and intolerant spirit 



14 RECONSTRUCTION TENNESSEE. 

has subjected the people of Tennessee to many grievances. Our people have 
been arrested and imprisoned ; our houses have been rudely entered and shame 
fully pillaged ; our families have been subjected to insults ; our women and 
children have been tied up and scourged, or shot by a ruffian soldiery ; our 
towns have been pillaged ; our citizens have been robbed of their horses, mules, 
grain, and meat, and many of them assassinated and murdered. 

Hundreds, yes, thousands of our young men, middle-aged and old men, have 
been driven from our State, and compelled to enter the federal army, in strange 
regiments, and their bones now lie bleaching upon the many battle-fields of the 
south and west, and all this because our people were true to the traditions of 
their fathers, and refused to worship rebel gods. And to the honor of the peo 
ple be it known, that more regiments to-day swell the number of the armies of 
the Union than there are living traitors in the ranks of the enemy. 

In this once proud capital of the "Volunteer State," there have been thou 
sands of Union refugees, men, women, and children, broken-hearted, naked and 
starving; a great many are here still. They have fled from the wicked and 
murderous guerillas, after being robbed of everything they possessed. They 
have lived in camps or tents, by fires in the open woods, have dragged out a 
miserable existence for a time, and died among strangers. Hundreds have suf 
fered from actual want of necessary food, shelter, and clothing, while many res 
idences in this rebellious city have been occupied by the families of those who 
were fighting against their country, or, being citizen rebels, and home traitors, 
have fled within the rebel lines. These families have remained here protected, 
and have wielded an over-ruling social influence. Many of them are wealthy, 
and live in ease and comfort. They have busied themselves in giving informa 
tion to the enemy, in carrying delicacies to rebel prisoners who have been con 
fined here for their crimes and treason. And it is stated upon undoubted au 
thority, and the fact is notorious in this capital, that the disloyal families never 
contributed in the slightest degree to the relief of the poor and distressed women 
and children, or disabled soldiers thrown upon this population by the operations 
of the war. I state these facts, which may have the appearance of a personal 
and local character, that you may know how to shape your course when per 
sonal and local legislation is called for. 

I have the honor to submit to the general assembly of the State of Tennesee 
a copy of a joint resolution of Congress, passed by a vote of two-thirds of each 
house, entitled "A resolution submitting to the legislatures of the several States 
a proposition to amend the Constitution of the United States," which is in the 
following words : 

"Resolved by the. Senate and House of Representatives of the United States 
in Congress assembled, (two-thirds of both houses concurring therein,) That the 
following article be proposed to the legislatures of the several States as an 
amendment to the Constitution of the United States, which, when ratified by the 
legislatures of three-fourths of said States, shall be valid to all intents and pur 
poses as a part of said Constitution, namely : 

"ARTICLE XIII. 

" SECTION 1. Neither slavery nor involuntary servitude, except as a punish 
ment for crime, whereof the party shall have been duly convicted, shall exist 
within the United States, or any place subject to their jurisdiction. 

"SECTION 2. Congress shall have power to enforce this article by appro 
priate legislation. 

"Approved, February 1, 1SG3." 

The slavery question here comes up in a form hitherto not discussed in our 
politics. It is not a question as to the right of Congress to exclude slavery 
irom the Territories, to legislate upon the matter themselves, nor does it involve 



RECONSTRUCTION TENNESSEE. 15 

thedscussion of any doubtful powers, but is the simple proposition to amend the 
Constitution of the United States in the manner prescribed by that sacred instru 
ment, so as to strike down the monster institution which has embroiled the 
government for half a century, and culminated in the most wicked, uncalled for 
and bloody war known to the history of the civilized world. 

Slavery, secured to the people of the south more permanently by the Consti 
tution of the United States, and the laws enacted in pursuance thereof, than 
any species of property claimed by them not even excepting their lands will 
now perish by the war it brought about to enlarge its power and perpetuate 
its existence. Let us do our part in this great work by ratifying the action of 
Congress, and carrying out the wishes of our people. After the ratification by 
the people of our State of our amended State constitution, embracing the same 
proposition, and after your election to the general assembly on this platform, and 
by the same people, I have not considered an elaborate argument in favor of the 
proposition submitted by Congress at all necessary. I may be allowed to say, 
however, that to prohibit slavery in a State requires a change in the State con 
stitution. Pregnant as we find slavery to be of all sorts of politicial mischief, it 
is not to be got rid of, under the constitution, in any- other than a constitutional 
manner. And, while the sooner this can be done the better, it does not appear 
in what part of the Constitution of the United States the power of regulating it 
at all, in times of peace, is to be found. Fortunately for the future happiness 
of the country, the Constitution has provided a way in which the people can 
remedy the evil, without any questionable exercise of power, and that is by 
.amending the Constitution, just as Congress has proposed. 

Slavery was so far made the subject of constitutional cognizance, by the 
people of the United States, when they adopled the articles of confederation, 
that it found a place in the compromises of that instrument, both in fixing the 
ratio of representation and the apportionment of direct taxes ; and also in requir 
ing the people of a free State to surrender so much of this "sovereignty" as not 
to have the right to protect the slave that sought refuge from bondage it would 
seem too late in the day to question the right of the people to adopt amendments 
to that instrument, in regard to this or other subjects embraced in its provisions. 
It becomes us, therefore, to approach this subject with an enlightened statesman 
ship, and with a decree of moral courage that is not afraid to do right, appealing 
to the ultimate judgment of mankind to vindicate our action. 

It is in this way, and in no other, that a uniform rule can be provided, and 
an end put thereby, in all time to come, to a possibility of reviving that which 
has been the fatal cause of all the mischief in the country. To insist upon 
excluding slavery from a State by amending her constitution, before recognizing 
her again as within the pale of the Union, would look awkward, and frill below 
the dignity of political sagacity. Our State has shown her hand, and placed 
herself square upon the record ; and I flatter myself that her representatives 
here assembled are ready for a measure which shall forever exclude slavery 
from the United States. 

Some legislation is necessary for the protection, government and control of 
the emancipated slaves among us. When this war is over a portion of those 
who fought to perpetuate slavery will show the emancipated slave no quarter, 
and especially that class of slaves who have been rude and violent toward their 
former owners. What the character of this legislation should be, I leave the 
good-sense, prudence and reflection of the members of the general assembly to 
determine. 

It is certainly proper and right for the legislature of Tennessee to determine 
to what extent this State shall be overrun with the emancipated slaves of other 
States. If their presence in any State is a blessing they should be distributed ; 
if an evil, it is but just that we should be taxed only with our own share of them. 
I am, myself, the advocate of providing for them a separate and appropriate 



16 RECONSTRUCTION TENNESSEE. 

amount of territory, and settle them down permanently, as a nation of freedmen. 
In this case, as in most others, it will probably be well to guard against excep 
tive legislation. The negro has had no agency himself ia bringing on our 
troubles, and does not merit unkind treatment at our hands. 

The attention of the legislature is earnestly called to the subject of the roving 
bands of guerillas, and squads of robbers and murderers who frequent those 
counties and portions of counties remote from our military forces. The depre 
dations and murders committed by them are of such frequent occurrence as to 
have created a general feeling of insecurity among our citizens, causing hun 
dreds to sacrifice their property, and abandon their homes and the graves of 
their parents and loved ones, seeking new homes, among strangers in the north 
western States. 

The criminal laws of Tennessee prior to the rebellion were equal to the de 
mands of justice and the wants of society, but they are now inadequate in both 
the cases. The corruptions of the rebellion have exhibited themselves in every 
quarter, and the effects of the same have been to demoralize all classes of society, 
more or less, calling for more stringent enactments, so as to meet the numerous 
cases arising in our country. I advise that horse stealing, house breaking, and 
highway robberies be punished with death. Let the proof in all such cases be 
clear and unquestionable, and then let the offenders be hung, even for the first 
offence. This character of a law will close out all these acts of perfidy which 
now render life and property insecure, more or less in all counties of the State; 
and, when the necessary reform is had, a future legislature can repeal or amend 
the statute. Such a law may look to others like a bloody act, but it can never 
affect injuriously an honest man or a law-abiding citizen. And you, gentlemen, 
should feel no concern for the opposite class of men but to punish and reform 
them. 

The attention of the legislature is especially directed to the militia laws of 
the State. The occurrences of the past four years have disclosed the fact that 
our militia laws, as they now are, are very imperfect, and need further amend 
ments to make them effective. The State arms were carried into the rebellion, 
through the influence of the bad men in authority four years ago, and through 
out the length and breadth of the State she has not arms enough to arm a cap 
tain s company. This deficiency should be provided for at once. I have no 
doubt that the federal government, upon a fair presentation of the case, would 
come to our relief with a liberal hand. 

If, in the wisdom of the legislature, an efficient military force, over and above 
what is provided for in general terms, should be placed at the disposal of the 
executive, I suggest an appropriation for military contingent expenses. In any 
rate, the legislature would do well to pass an act providing for a military contin 
gent fund, of a moderate character, confiding it under the control of the execu 
tive, and making it his duty to report to the legislature at each session. Should 
there be no use for the fund, the executive will, of course, make no drafts upon 
it, and it will be his pleasure to report that the money belonging to the military 
contingent fund remains in the State treasury unexpended. 

I am aware that a proposition to increase the salaries of public officers in the 
State will meet with opposition ; that it is not a popular measure, and that dem 
agogues will use such a vote upon the stump against members voting for an in 
crease. Acting alone from a sense of duty, and desiring to see justice done to 
those patriotic men who are serving the State, I suggest an increase in the pay 
of all civil officers whose compensation is fixed by law. Supreme judges should 
be paid a salary of $5,000 ; chancellors and circuit judges should be allowed 
$3,000, and the treasurer, comptroller, secretary of state, attorney general, and 
other officers should be allowed a corresponding increase in their salaries. And 
I respectfully, but frankly, suggest that the pay of members of the general as- 



RECONSTRUCTION TENNESSEE. 1 7 

sembly be increased, and the more so as such increase could not take effect 
during your term of office. 

It is folly to think of a man in public office now supporting his family on the 
salary he received four and five years ago. Boarding, clothing, meats, vegeta 
bles in fact, everything has increased to twice former prices. And yet the wages 
of the public officers are down at the old prices. If any one of the incumbents 
named is worthy of his office he is worthy of a support from that office. His 
pay should be made equal to his necessary expenses. The State cannot reason 
ably expect a man to devote his individual time and his whole energies and 
talents to an office, when the salary of such office will not defray the necessary 
expenses of his family. Gentlemen capable of filling such offices are capable 
of supporting themselves in other vocations, and it is obvious that they will be 
forced to turn their attention to other pursuits in order to gain a livelihood. 
The increase of such salaries will add something to our taxes, but the amount 
will be so small as scarcely to be felt by the people. I doubt not they will 
cheerfully contribute in this way to aid in sustaining good and competent men 
in important official positions. I recommend, therefore, that immediate action 
be taken in this matter. 

The financial condition of the State demands the early and prompt attention 
of this general assembly. The reports of the comptroller and treasurer are to 
October 1, 1861. From that time to the restoration of the capital to the national 
authority, February following, and the flight of the State authorities, the infor 
mation left us is imperfect and insufficient. The subsequent operations will ap 
pear from the current report of the comptroller, whose high character for integ 
rity and truth commend him to your confidence. The balance in the treasury 
011 the 1st of October, 1861, according to the treasurer s report, was $185,496 69 ; 
besides, warrants for payment remain in the treasury for $t30,401 04. War 
rants for payment out of the treasury had been issued but not presented for 
$145,417 12. How far the figures were modified by the operations of the 
next four months and a half, to the middle of February, 1862, I have no infor- 
ation. Except the military expenses, it is presumed that the balance was not 
changed, judging from the uniformity apparent in the fiscal operations of the 
preceding four years. Since that time Middle and West Tennessee have been 
generally within the federal lines, and East Tennessee since September 1, 1863. 
Governor Johnson has occupied the capitol, and exercised gubernatorial juris 
diction over those portions of the State held by federal authority. Governor 
Harris, who adhered to the rebel cause, is very generally understood to have 
collected revenue in the counties within their military lines. The comptroller 
will be found to have given in his report the financial history of Governor John 
son s administration. This report is respectfully submitted for your careful 
consideration, and the recommendations of that officer are approved by me. 
What moneys were collected by Governor Harris and his subordinates I am 
unable to state, nor am I prepared to say that it is important for you to inquire. 
It will be a matter for your consideration whether the arrearage of taxes for the 
past four years shall be collected in whole or in part. The principal, if not the 
current, liabilities during that period are the interest on the State debt. The 
usual payments to common schools and academies, and to several charitable in 
stitutions cf the State, were not made. The consequences of the failure would 
not be atoned for by reaching them now. The same is substantially true of 
various other items of ordinary expenditures. 

The State debt, as reported by the comptroller in October, 1861, is said to 
be 86,896,606 66, and this demands your attention. This includes $3,000,000 
of eight per cent, bonds for the "defence of the State," which has recently been 
discarded by the people at the ballot-box. This unauthorized and most unjust 
indebtedness repudiated, leaves the indebtedness of the State properly 
$3,896,006 06, at an annual interest of $212,388 25. The interest is presumed 
2 T 



18 RECONSTRUCTION TENNESSEE. 

to have been paid on the 1st of January, 1861. It is not known how much has 
since been paid, if any. The bonds will show, either by the indorsements or 
the absence of the coupons. Besides this debt the State has bonds for internal 
improvement purposes, and has indorsed the bonds of railroad companies to the 
amount of $16,211,000. For these the State is ultimately liable upon the 
failure of the companies. These bonds it is believed the State will have to 
provide for to preserve its credit, making an aggregate indebtedness of 
$20,005,606 66, and the annual interest $1,185,048 25. Of this debt proper 
$66,666 66 matured in 1861, $61,250 in 1862, $177,750 in 1863, and $58,500 
in 1864 in all, $366,166 66, at once to be provided for. The comptroller 
states that the bonds maturing in 1861 were "taken possession of and held by 
the State, subject to adjustment at the end of the war." Besides these the 
State held bonds, mostly her own, as follows: the Spencer T. Hunt fund, 6; 
the railroad sinking fund, 161 ; deposited by the free banks, 341 ; deposited 
by foreign insurance companies, 80 ; and in all, 588 bonds. These bonds, held 
in trust, were carried away, it is believed, with the valuables of the State 
treasury, by the State officers, who ingloriously fled on the approach of the* 
national flag. Double payment can probably be avoided. Evidence must be 
in existence by which they can be identified. The notorious condition of our 
State affairs has been sufficient to put dealers upon their guard. So that if any 
of the bonds have been fraudulently sold, payment to the present holders may 
be justly stopped. Furthermore, it will be well to consider how far it is your 
duty as agents of the State, not only not to pay the bonds held by those who 
have been actively engaged in the rebellion to overthrow the government, 
whether held by them or parties who may seek to conceal them for the benefit 
of the rebels, as they will likely do, I advise that you adopt measures to prevent 
their payment. The bonds can in no event compensate for the loss, the disloyal 
holders have occasioned the State. The justice of holding them responsible in 
this way it is believed cannot be successfully controverted. <. 

The arrearage of interest, amounting to nearly twenty-five per cent, of tne 
principal, is more than the people can easily pay at sight, with the other 
burdens, public and private, thrown upon them by the war. It will be neces 
sary, therefore, to anticipate the means, so as at the same time to preserve the 
State credit by satisfying the creditors and to preserve the people from op 
pressive taxation. 

The recent amendment to the State constitution abolishing slavery will 
require some changes in the revenue laws. The item of slaves will no longer 
appear in the list of taxables. The census of I860 shows there were in the 
State about 275,000. The assessors returns show that 130,425 were reported 
for taxation. Their average value had steadily increased from $413 72 in 
1846 to $886 40. It is a significant fact that the next year, the first of 
the war, the average fell to $769 36, taxes being at the low rate of seven cents 
upon the one hundred dollars, to which our State taxation was reduced in 1860, 
the slaves averaging a little the rise of sixty-two cents each, amounting to 
$80,000 in the aggregate. The slaves held no property. Being emancipated, 
they will now be subjected to a poll-tax. Many of them will soon acquire 
taxable property far beyond their personal value as slaves. 

As soon as this war ceases there is every reason to expect a large accession 
to our population. Thousands of sensible and practical men have been here, 
connectecl with the army, and have looked with astonishment and delight at 
our productive soil, charming climate, and. great advantages of agriculture. 
They have seen that a farm hand in a northern State is ordinarily worth from 
thirty to fifty dollars a month that is to say, he earns that much, or say 600 
per aniiuin. In our State a good farm hand can make five bales of cotton of 
five hundred pounds each, which- would make the profits of his labor worth 
$2, 000 .per annum, against $600 in a northern State a better and more certain 



RECONSTRUCTION TENNESSEE. 1 9 

business than going to California or any of the gold regions. Therefore it ia 
the value of land with us will be proportionately increased. If the tax of 
seven cents on the one hundred dollars, to which our burdens had been reduced 
in I860, shall be increased to a reasonable extent, it is believed sufficient revenue 
will be realized in the next three years, over and above the ordinary expendi 
tures, to meet the arrears of interest on the debt, to pay the sum now due, and 
the further sum of $1,245,090, falling due in 1868. 

It is further suggested that the list of taxable property might be increased 
without being oppressive. By the returns of I860 it appears that all "other 
property" subject to taxation, besides land, amounted in value to but 
$24,362,151 less than one-half the assessed value of the town lots. Before the 
war our financial resources were so ample, compared with the limited demands 
upon them, that it was necessary to tax but a few of the principle articles of 
property. Our affairs are now quite changed, and every interest should be 
made to bear its proper burdens. 

The common school system will, in this connexion, demand your attention. 
The fund appropriated for this purpose has been squandered by the bad men 
and dishonest functionaries who tied on the approach of the old tiag. What 
shall be done to replace this great loss ? At no period in the history of the 
State has the young and rising generation appealed so affectingly for legislative 
aid. Practically denied all scholastic advantages during the last four years, 
and deprived as thousands have been of their natural protectors, if they are 
not soon provided for, it will be too late for them. Indeed, not a few have 
already passed beyond the age to attend school, hopelessly illiterate. 

In this connexion your attention is called to an act of Congress providing 
for the establishment of an agricultural college. Most of the States are in 
advance of us in accepting the offer, and perhaps we might profit by examining 
their legislation in regard to this subject. 

The currency and the banks are nearly allied to finances, and are in such a 
demoralized condition as to demand prompt action and most positive legislation. 
The State owes it to herself to look into the condition of the three old bai.ks 
the Bank of Tennessee, the Union and the Planters banks each having its 
parent bank in Nashville, with affiliated branches extending over the State; also 
several stock banks and the free banks. "With, perhaps, one or two exceptions, it 
is believed they are all hopelessly insolvent. All have, beyond doubt, violated 
their charters, and may properly be closed up. Nay, where they have value 
received for their notes and are worth it they should be made to redeem their 
issues. The policy formed by these banks, even before the war, was to keep 
their paper at lower quotations than that of any of the surrounding States. 
Even at home it was at a discount, and in some of the neighboring States it was 
uncurrent. This imposed upon our commerce the payment of large sums of 
premiums upon all remittances beyond the State, which in the end came off the 
people. Such a currency could only result from unsound financial principles; 
for the balance of trade with most of the surrounding States was decidedly in 
our favor. It is therefore recommended that all existing banks be wound up at 
once, and that no more State banks be chartered. The several hundred thou 
sand in real estate owned by the State bank should be cashed without delay. 
The stock was owned by the State, and it held large deposits of currency and 
securities. As the Union army advanced to the possession and occupation 
of the towns where the branches were located the officeis fled with the assets 
beyond the limits of the State, and they are now doubtless irretrievably gone. 
In the outset of the rebellion this bank was used by the guilty conspirators, and 
large issues were made to further their schemes of treason. It has beeu deter 
mined by the people that these issues shall not be paid. 

There are many notes outstanding of the bank issued after the date specified 
in your amended constitution, and intended alone for the benefit of the 



20 RECONSTRUCTION TENNESSEE. 

rebellion. Shall they be redeemed by a tax imposed upon the people? I 
know of no legal or moral obligation to redeem those notes, even if they occupied 
such an attitude that such an obligation could be enforced. It is known that 
when bank notes become uncurrent they are sold by the small holders, who are 
not in a condition to hold such paper, and bought up by speculators, generally 
at their own figures. In this way they accumulate in the hands of a few, often 
at prices almost nominal. The notes of the Bank of Tennessee, it is believed, 
are held in this way and by this class of dealers. Having lost the princ : pal of 
this banking capital, and having sold these issues in small quantities at a heavy 
discount, shall our people be taxed to make these issues good in the hands of 
speculators? I confess I can see no equity in it. Doubtless instances will 
occur of individual hardship, and others will be pressed upon your attention, 
not so much by the parties themselves as by others interested in the adoption of 
a general policy based upon these existing cases. There remain to the bank 
large assets, micollected debts, and the present liabilities of the faithless 
officers. Suits are understood to be pending against many of these officers of 
branches. The others should be held to their responsibilities. I content 
myself with these general suggestions, trusting in your wisdom, if you deem 
them practicable, to arrange the details. 

The national banking system is believed on many accounts to be preferable. 
This would give us a circulation current all over the country, and subject our 
banking to more correct principles of finance. Other States are adopting the 
national banking sytem, and I recommend the same to the legislature of Ten 
nessee. Such an institution could be used profitably as the fiscal agent of the 
State, and if you can secure the means, one in each of the other grand divisions 
of the "State would work to advantage. 

The qualification of voters, and other limitations of the elective franchise, 
have been intrusted to you by the people. This delicate responsibility will de 
volve upon you a heavy task, and merits your whole attention. That there 
should be some additional limitations prescribed few will deny. Many persons 
in the State, by every act of which they were capable have disfranchised them 
selves. Probably they neither expected or desired the privilege of again voting, 
and would not exercise it if granted them. Many others have committed acts 
deserving disfranchisement, who nevertheless will resist it, and strive for every 
civil right they enjoyed before the war, and before their treason had involved 
the State in so much suffering. While I would not recommend you to give 
way to the impulse of vengeance any more than to the appeals of sympathy 
and pity, I would urge you to guard the ballot-box faithfully and effectually 
against the approach of treason, no matter in what character it may come. The 
loyal people of the State who sent you here expect you to act decisively in the 
matter, and have no child s play in determining the qualification ot voters. 
The subject has been considered by several of our sister States, whose reform 
was not any more loudly called for than with us. It is quite probable that this 
action and its effects may assist you in deciding what to accept and what to 
avoid. 

As you are aware, upon the approach of the national forces and their occu 
pation of our country, the government took possession of our railroads, in most 
of which the State is a large stockholder. The State is deeply interested in 
her internal improvements, as she has indorsed bonds at the rate of ten thou 
sand dollars per mile, for nearly all the railroads in Tennessee. And as most 
of these bonds are held by guardians for the benefit, in many instances, of 
minors and widows, I think it nothing more than simple justice to pay them 
the interest already due them. 

The Nashville and Chattanooga railroad was taken possession of by the 
federal authorities on the 7th of March, 1862, and has been held and used ever 
since, and, regarded as a military necessity, it was proper and right. Presum- 



RECONSTRUCTION TENNESSEE. 21 

ing the government to have kept the account strictly, she is now about ready to 
make a settlement. My information is that certain officers of the company 
visited Washington on two different occasions for the purpose of obtaining a 
pettlement with the quartermaster general. They failed in their efforts, though 
the President of the United States, who was present on both occasions, ex 
pressed his views verbally as favoring the payment of the company for the use 
of the road. You should now call upon the proper authorities at Washington 
for payment to this and other companies, requiring the mon >y received to be 
applied to the payment of interest on their bonds. The amount indorsed by 
the State for the Nashville and Chattanooga Railroad Company is $1,535,000, 
and the interest accrued thereon is now nearly $300,000. It is believed that- 
upon a just settlement the government will owe the company largely over that 
amount. This road cost the company $3,846,900, including its equipments and 
depots. 

The other roads in the State are similarly situated and demand your atten 
tion. Those officers of roads and stockholders who fled south, carrying with 
them the rolling stock and funds, should be held to a strict accountability, and 
their property and stock should be made in part to atone for these losses to the 
State and country. The case of the East Tennessee and Georgia railroad and 
its faithless president requires our special attention. 

It is believed the time has now come for the companies again to use their 
roads for the government, if need be, under even a military superintendent 
thereby effecting a vast saving to the government, asking only the same pay 
for freights and passengers they are now paying to the Louisville and Nashville 
Railroad Company. As this war is for the benefit of the whole nation, it is not 
believed that the general government intends that Tennessee shall pay more 
than her just proportion of the war debt. 

Your attention is called to the fact that the Louisville and Nashville Railroad 
Company is running a portion of that road in this State, say about sixty miles, 
with another branch from Bowling Green to Clarksville, and for all that portion 
of road in our State the government pays the Kentucky company as if the road 
were in any other loyal State. The information I have is to the effect that the 
Kentucky company treats with indifference the claims of Tennessee upon that 
road. It is your duty to let that company know, in decided but respectful 
terms, what your rights are, and that you dare assert and maintain them. 

The duty devolves upon you at this session of electing two senators to the 
Congress of the United States, and of re-districting the Stale, so as, without 
delay, to provide for the election of eight representatives to the next Congress. It 
is with profound regret that I have observed several republican journals, and 
some leading politicians of ability and influence are opposed to the admission of 
senators and representatives from Tennessee. They take the ground that the 
State should be treated as a Territory and continued under military govern 
ment, subject to the arbitrary orders of military rule. If their dangerous and 
revolutionary doctrine is adhered to by any considerable portion of senators 
and representatives in Congress I shall, for one, dread the consequences. My 
confidence in the wisdom and patriotism of senators and representatives leads 
me to believe they will discard, indignantly, any such proposition. The loyal 
people of Tennessee have resolved through the ballott-box to rule themselves 
under the federal flag ; taking the ground that the State has never been out of 
the Union, and boldly denying that the unconstitutional and treasonable acts of 
those in rebellion ever carried them out of the Union. Besides, the inaugura 
tion of the Vice-President from this State, and the withdrawal of a military 
governor to give place to civil authority, fix the status of Tennessee in the 
estimation of the federal authorities proper. And to your good sense and un 
yielding firmness I submit this grave question, not doubting that your action 
will be correct. 



22 RECONSTRUCTION TENNESSEE. 

Your attention is called to the condition of affairs in the State prison, full 
and specific details of which are given in the report of the officer who is in 
charge of that institution. I have every confidence that the legislature will 
look into the wants of the institution, and do for it what, in the judgment of 
members, may seem proper. Meanwhile, I suggest the establishment of branches 
of the penitentiary in the western district and in East Tennessee. The cost of 
building on a moderate scale would be saved to the State in fifteen or twenty 
years in the single item of a cash market, in each end of the State, for pro 
visions to sustain, and raw material to keep the convicts employed in manufac 
turing such as lumber, marble, iron, coal, leather, &c. The erection of build 
ings would furnish employment and cash wages to a number of mechanics ; 
and, as there are several salaried officers attached to such an institution, it 
would distribute the patronage of the State in her three natural divisions. If 
this be not done, an enlargement of the State prison will be required . The 
demoralized condition of both our white and colored population will cause 
scores to be sent to the penitentiary as our courts go into operation. 

The Tennessee hospital for the insane, one of the charitable institutions of 
the State, located in this vicinity, deserves your attention and your aid. The 
prosperity and success of that noble State charity were all that its friends and 
the friends of humanity could desire at the breaking out of this wicked rebel 
lion ; but the institution has struggled hard to keep above the waves of oblivion 
for four years past. It kept its deposits in the Bank of Tennessee, and my 
information is, that when the faithless officers of the bank fled, on the approach 
of the national flag, they carried with them some $30,000 belonging to the in 
stitution. For the details in regard to its past operations and present necessi 
ties I refer you to the report of the superintendent and chief surgeon, a faithful 
and intelligent citizen. 

The Tennessee blind school, a State institution in this city, has been utterly 
destroyed by the federal forces, and the unfortunate pupils, some forty in num 
ber, are distributed among their friends and the friends of humanity. It was 
not a military necessity that called for the destruction of the institution, but it 
was the work of. recklessness ; and if this general assembly will present the 
subject to the government at Washington in this light, it is believed that proper 
steps will be taken to restore this noble charity. The hopes of those pupils at 
best are blasted and their cup of bitterness is full when we have done all that 
lies in our power. We look out upon the world and we know it by its visible 
beauty ; we know our wives by their affectionate looks, our children by their 
smiles and features, our neighbors by their faces and manner of address; but 
these, and all other earthly things, are to these blind people shrouded in dark 
ness, and friends, children, and the world are lost to them forever. 

The Tennessee deaf and dum school, located at Knoxville, merits your at 
tention, as it is one of the charitable institutions of the State. The exciting 
events which are daily transpiring in the country should not induce us to lose 
sight of those whose misfortunes so strongly appeal to us for aid and comfort. 
The buildings and grounds, erected and purchased at a heavy expense by the 
State, are now used for hospital purposes by our army. Of the fourteen trus 
tees, nine of them went into the rebellion, and most of them fled south. An 
equal proportion of the oflicers and teachers of the school proved to be rebels. 
An early organization of the institution upon a loyal basis is called for, and it 
is hoped will attract your attention. 

The East Tennessee university, located at Knoxville, is a time-honored insti 
tution, and was chartered and endowed by the State in 1807. It has been al 
most destroyed by the federal army. The library, furniture, and fixtures are 
hopelessly destroyed. The main buildings are standing, and it is but just to 
the educational interests of the most loyal portion of the State that the gov 
ernment should place that institution on as good a footing as it found it. A 



RECONSTRUCTION TENNESSEE. 23 

majority of the board of trustees turned out to be rebels, and their places should 
be filled with loyal men. 

There are doubtless other institutions in the State which deserve the atten 
tion of this general assembly, but I am not informed as to their situations. The 
members representing all the counties will be able to look after their interests, 
and should feel that the duty devolves upon them. 

Having thus fully placed before you the information requisite to enable you 
to judge of the condition of the State, the evils which environ us, and the 
measures of legislation needed for averting them and ridding ourselves of them, 
it remains for me but to invoke your attention to the consideration of those means 
by which, above all others, we may hope to restore order and prosperity to our 
country. And if one be more prominent than another, it is the necessity for 
earnest and cordial co-operation between the State and federal government. To 
you especially, as senators and representatives, do the loyal people of Tennessee 
look for encouragement and counsel. And to your action in the halls of legis 
lation will all eyes be turned not only in Tennessee, but in other States for 
examples of what is befitting loyal men. I feel full confidence that you will 
prove yourselves equal to the emergency, and meet expectations both at home 
and abroad. I feel assured that, being united in a common and holy cause, you 
will rise above all selfish considerations, and, bowing submissively to the Divine 
will, you will unite with all good men in reverently invoking the blessings of 
our Heavenly Father upon all we say and do while in the service of the State. 

It is, perhaps, proper for me to state that since writing this message important 
facts have come to my knowledge, and upon unquestionable authority, relating 
to the use of a portion of the funds of the Bank of Tennessee, that may require 
me to send you, at no distant day, a special message. The interests of the 
State, and the just rights of the people, should be sacredly and vigilantly 
guarded, no matter who suffers ruin and disgrace. 

WILLIAM G. BROWNLOW. 



Pullic acts of the general assembly of the State of Tennessee, passed at the first session of the 
thirty-fourth general assembly, which was begun and held at Nashville on Monday, the third 
day of April, in the year one thousand eight hundred and sixty-Jive. 

CHAPTER I. 

AN ACT to regulate the county court of Shelby county. 

SECTION 1. Be it tnacted by the general assembly of the State of Tennessee, That in the county 
of Shelby, in case of vacancy, removal, or when the county judge shall, from any cause 
whatever, fail to hold his court, and a majority of the magistrates shall fail to appear and 
elect a chairman, as is now provided by law, the clerk of said court shall give notice, in 
writing, to any judge or chancellor of said county, who shall have full power to hold said 
county court and discharge all the duties as the judge or chairman could do by law. 
SEC. 2. This act to take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of h cprestntatites. 
SAMUEL R. RODGERS. 

Speaker of the Senate. 
Passed April 28, ]865. 

CHAPTER II. 

AN ACT to increase the compensation of judges. 

SECTION I. Be it enacted by the general assembly of the State of Tennessee, That section 
4538 of the code of this State be so amended that each of the judges of the supreme court of 
this State, hereafter appointed or elected, shall be entitled to a salary of three thousand 
dollars per annum, payable quarterly out of the State treasury. 



24 RECONSTRUCTION TENNESSEE. 

SEC. 2. Be it further enacted, That section 4539 of the code of this State be so amended 
that each chancellor, circuit, and criminal judge of this State, except county judges and 
judges of special courts, hereafter appointed or elected, shall be entitled to a salary of two 
thousand dollars per annum. 
SEC. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HKISKELL, 
Speaker of the House of Representatives. 
SAMUEL 11. KODGERS, 

Speaker of the Senate."}] 
Passed May 8, 1865. 

CHAPTER III. 

AN ACT to increase the pay of public printer. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the public 
printer be paid an advance of fifty per cent, on the prices now allowed by law. 
SEC. 2. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R, RODGERS, 

Speaker of the Senate. 
Passed May 10, 1865. 

CHAPTER IV. 

AN ACT to punish all armed prowlers, guerillas, brigands, and highway robbers, and for 

other purposes. 



SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That every man 
or sqiicid of men, who may hereafter make inroads for plunder upon the peaceable inhabitants 
of this State, and by force deprive them of their property, or endeavor so to deprive them, 
by the alarm caused by their being armed, when in fact he or they were not at the time part 
of any organized army and sharing continuously in its duties, but who sometimes return to 
their homes, with the assumption of the semblance of peaceful pursuits, divesting him or 
themselves of the appearance and character of soldiers, are hereby declared guerillas and 
highway robbers and brigands, and upon his or their conviction shall suffer death by hanging. 

SEC. 2. Be itfurlher enacted, That scouts or single soldiers, if disguised in the dress of the 
coTintry, or clothed in the uniform of either army, who shall wilfully, maliciously and forcibly 
take from the possession or person of the peaceful citizens of the State their property by 
threats of violence, or the actual use of force and violence and under the terror of arms, shall, 
upon conviction, suffer death by hanging. 

SEC/3. Be it further enacted, That all armed prowlers, by whatever name they may be 
called, who shall willfully, maliciously and forcibly make an attack upon any one of the 
peaceable citizens of this State for the purpose of robbing him or her, or of stealing his or her 
property, or ot killing him or her, shall, on conviction, suffer death by hanging. 

SEC. 4. Be it further enacted, That . all persons who shall knowingly, willingly, and 
voluntarily feed any such person or persons as described in the previous sections of this act, 
or furnish them information for the purpose of aiding and assisting them in their unlawful and 
illegal objects, shall be deemed guilty of a felony, and, on conviction thereof, shall be im 
prisoned in the penitentiary for a period of not less than five years nor more than twenty-one 
years. 

SEC. 5. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL. 

Speaker of the House of Rrpresc ntat ires. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed May 17, 1865. 



CHAPTER V. 

AN ACT to amend the criminal laws of the State of Tennessee. 

SECTION 1. Be it enaoted by the general assembly of the State of Tennessee, That whoever 
shall feloniously take or steal any horse, mule, or ass, shall, on conviction thereof, suffer 
death by hanging: Provided, The jury before whom the offence is tried shall, if they think 
proper, commute the punishment to imprisonment in the penitentiary for the period of not less 
t han ten nor more than twenty -one years. 



RECONSTRUCTION TENNESSEE. 25 

SEC. 2. Be it further enacted, That whoever shall feloniously break open the house of 
another for the purpose of committing a larceny or robbery therein, shall, on conviction thereof, 
suffer death by hanging: Provided, The jury before whom the offender is tried and convicted 
may, if they think proper, commute the punishment for the offence to imprisonment in the 
penitentiary for the period of not less than ten nor more than twenty-one ye"ars. 

SEC. 3. Be it further enacted, That whoever shall feloniously rob another, or steal from his 
person, shall, on conviction thereof, suffer death by hanging: Provided, The jury before 
whom the offender is tried and convicted may, if they think proper, commute the punishment 
to imprisonment in the penitentiary for a period of not less than ten nor more than twenty -one 
years. 

SEC. 4. Be i f further enacted, That any person duly convicted of house or bridge burning, 
shall suffer death by hanging: Provided, The jury, if they think proper, may commute the 
punishment to imprisonment in the penitentiary for a period of not less than ten nor more 
than twenty-one years : And provided, further, That nothing in this act shall be so construed 
as repealing the laws now in force for the punishing of the offences mentioned in this act ; but 
all persons who have heretofore committed any of the offences mentioned in this act shall be 
tried under the existing laws, and, if convicted, shall be punished as now prescribed by law. 

SEC. 5. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed May 17, 1865. 



CHAPTER VI. 
AN ACT to repeal the 3d article of the 5th chapter, title 5, of the Code of Tennessee. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the 3d 
article of the 5th chapter, title 5, 2d part of the Code of Tennessee, be and is hereby repealed. 
SEC. 2. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 18, 1865. 



CHAPTER VII. 

AN ACT to establish the eighth chancery district of Tennessee. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That an eighth 
chancery district be, and is hereby, established in the State of Tennessee, to be composed of 
the counties of 3evier, Blount, Monroe, Roane, Knox, Anderson, and McMinn. 

SEC. 2. Be it further enacted, That the chancellor elected, pursuant to the provisions of this 
act, shall hold the courts in the several counties composing said district at the times and 
places in said counties now designated by law, and said chancellor shall have all the powers 
and emoluments given to other chancelloi s of this State ; and until a chancellor shall be 
appointed or elected for said district, it shall be the duty of the present chancellor to hold 
the courts in said counties as heretofore. 

SEC. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 22, 1865. 



CHAPTER VIII. 

AN ACT to amend the revenue laws of the State. 

SECTION 1 . Be it enacted by the general assembly of the State of Tennessee, That section 
553 of the Code of Tennessee be, and the same is hereby, amended, so that the following 
rate of taxation shall be levied and collected, as now provided for by law : on every taxable 
poll, one dollar; on every hundred dollar s worth of taxable property, twenty-five cents ; on 
sales of land, one cent per acre; on sales of town lots, or parts of town lots, tor each lot, 
or part, five dollars ; on sales of merchandise by merchants, two cents on the dollar on it* 



26 RECONSTRUCTION TENNESSEE. 

invoice cost^at the place where purchased, unless the tax on the same has once hefore been 
paid to the State, in which event no additional tax will be paid; on sales of merchandise by 
a peddler, for each county in which he travels, if on foot, twenty dollars; if on horseback, 
fifty dollars; if in a vehicle, fifty dollars; and for each vehicle, if he uses more than one, 
fifty dollars ; on the regular business of selling at auction any article, the selling of which 
is not taxable, fifty dollars; in all other cases the same rate which is imposed on sales of 
merchandise on commission, on the regular business of selling goods, wares, and merchan 
dise on commission, on the gross amount of sales, public and private, when the amount 
does not exceed ten thousand dollars, thirty -five dollars; between ten and twenty thousand 
dollars, sixty dollars; between twenty and thirty thousand dollars, eighty five, dollars; be 
tween thirty and forty thousand dollars, one hundred and ten dollars; and in like ratio: on 
the regular or general business of brokers, one thousand dollars ; on granting policies of 
insurance, by other than companies chartered by the State, twelve hundred and fifty dollars ; 
on the business of banking, by companies operating under the law to authorize and regulate 
the business of banking, thirty-five cents on each hundred dollars of the capital of each 
bank ; on the business of banking by banks, or associations of persons of other States of 
the Union, three-fourths of one per cent, on the capital stated in the affidavit filed for the 
license as intended to be used in the succeeding twelve months; on discounting securities for 
money, shaving notes, two cents on every dollar employed, but in no case less than ten dollars ; 
on theatrical exhibitions, if the theatre or place of exhibition be in a city, five hundred 
dollars; if in other places, fifty dollars; on exhibiting for profit a circus, or circus and 
animal show, feats of activity or strength, if in a city, one hundred dollars for each day and 
night exhibition ; if in any other .places than aforesaid, fifty dollars , on keeping a confer 
tiouery, ice-cream saloon, and other places of refreshment, seven and a half per cent, on the 
capital employed, and the keeper shall take out a license as merchants by law are now 
required, and shall, in addition to said per centum, pay ten dollars for each privilege ; on 
each petition filed in any court of record for the division and distribution of estates, five 
dollars ; on each appeal, writ of error, or certiorari from the circuit or chancery court to the 
supreme court, five dollars ; on each appeal or certiorari, from before a justice of the peace, 
three dollars and fifty cents ; on each presentment or indictment, three dollars and fifty cents ; 
on each original suit in any of the courts of law or equity in this State, five dollars. 

SEC. 2. Be it further enacted, That the owners of steam, saw, and grist mills, erected upon 
the lands of another, shall pay an annual tax to the State of one hundred dollars ; that all 
persons who set themselves up as lawyers, and propose to practice law in any of the courts 
of the State, or held within the State, or before any military commission, shall pay an an 
nual tax to the State of twenty-five dollars; that all persons who propose so to practice 
shall take out a license from the county court clerk of some county, certifying that the tax 
has been paid. Any person proposing to, and practicing as aforesaid, failing, or refusing to 
take out said license, shall pay a double tax, to be recovered before any circuit court of the 
State where motion is made by the attorney general of any district, upon ten days notice 
to said delinquent, either by publication in some newspaper in the State, or in writing. 

SEC. 3. Be it further enacted, That all persons who set themselves up as doctors of medi 
cine or surgeons (the term doctor, to include all persons who, for pay, propose to cure dis 
eases, public or private, and the term surgeon shall be taken in the general application of 
the term, and shall include dentists,) shall pay an annual tax to the State of twenty -five 
dollars ; license to be obtained, payment made, and recovery had, as provided for in the 
second section of this act, governing lawyers. 

SEC. 4. Be it further enacted, That all persons known as photographers, and dealing in 
photographic and ambrotype apparatus aud material, shall take out a license, and pay the 
same tax to the State as merchants now pay ; and all persons Avho are or may hereafter set 
themselves up as artists, for the purpose of taking photographs, ambrotypes, or daguerrean 
likenesses, if in a city, for each gallery opened, one hundred dollars ; at any other place, 
excepting in the country, twenty-five dollars ;.if in the country, five dollars ; (the term gal 
lery to mean any place where the artist takes pictures;) said tax to be paid to the clerk of 
the county where the gallery is opened. Any person opening a gallery as aforesaid, without 
paying the tax, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less 
than one hundred nor more than five hundred dollars. 

SEC. 5. Be it further enacted, That sub-section two of section 691 of the code cf the State 
be, and is hereby, amended, by striking out the words "twenty-five dollars" and inserting 
the words "fifty dollars," and by striking out the word "ten" and inserting the word 
" twenty." 

SEC. 6. Be it further enacted, That the foregoing tax shall be assessed and collected as is 
now provided by law ; that any county which refuses or fails to make the assessment and 
appoint a tax collector to collect the taxes due the State within the year 1805, unless the 
governor of the State shall be satisfied that the people of the county made honest efforts so 
to do, and it was impossible for them to comply with this act, shall pay a double tax ; and 
the governor shall send an assessor of his own appointing to said county, with a sufficient 
posse to levy and collect said double tax ; that the collector so appointed shall seize a sufii- 
ciency of the delinquent s personal property to satisfy the taxes and charges, and sell the 
same in any county of the State where he can get bidders, after giving the notice now re- 



RECONSTRUCTION TENNESSEE. 27 

quired by la\v. If the delinquent have no personal property of which to make the taxes, 
thru the collector shall levy on sufficient real estate to pa} the same, and shall return the facts 
to the nearest county having resumed civil functions ; and upon return of a written state 
ment of the facts, the circuit court shall, at the second term of the court, condemn the real 
astate of the delinquent, or so much thereof as will be of value sufficient to satisfy the 
taxes and costs. And the collector shall, after giving forty days notice in writing, posted 
on the court-house door of the county where the land was condemned, as well as in the 
county where the land is situated, if practicable, sell the same at public outcry to the highest 
bidder, in the same manner, and with the same conditions, and upon the same terms, as 
now provided bv law ; but this section shall not apply to soldiers belonging to the United 
States army, or "soldiers that have served in the same and have been honorably discharged, 
or their widows or minor children. 

SEC. 7. Be it further enacted, That the 553d section of the Code of Tennessee be so 
amended as to read as follows: "On keeping a tract for turf-racing, two hundred dollars ; 
for half-mile tracts, one hundred dollars; for quarter-mile tracts, fifty dollars." 

SEC. 8. Be it further enacted, That any person of undoubted loyalty residing in a county 
where the tax has been collected, as provided in this act, shall have the privilege of paying 
his tax at any time before or at the time the collector comes into the county to collect the 
double tax provided by this act. 

SEC. 9. Be it further enacted, That all express companies doing business in the State of 
Tennessee shall take out a license from the comptroller, and pay over to him one thousand 
dollars for the privilege of doing business ; and, in addition, give bond to the comptroller of 
five thousand dollars, to account and pay over one-half of one per cent, on their income from 
their business done in this State. 

SEC. 10. Be it further enacted, That the tax assessed on lawyers, by this act, shall be col 
lected by the clerk of the county court of the county where the lawyer resides. Said clerk 
shall issue license. 

SEC. 1 1. Be it further enacted, That all persons who are engaged in tanning leather as an 
occupation, shall pay into the treasury of the State twenty-five dollars as a privilege tax. 

SEC. 12. Be it further enacted, That, after paying the interest on the State debt proper and 
current expenses of the State, the sum of eight hundred thousand dollars be applied to com 
mon school purposes, in addition to what is now allowed by law for said purposes. That all 
the laws of the State upon the subject of taxes, except as altered or repealed by this act, are 
still in full force and effect. That the county courts of this State shall have the power to em 
brace in the catalogue of subjects of taxation for county purposes all subjects mentioned ia 
this act. This act shall take effect from and after the date of its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 24, 1865. 



CHAPTER IX. 

AN ACT to more effectually manage the penitentiary, and for other purposes. 

SECTION 1. Be it enacted l>y the general assembly of the State of Tennessee, That the salary 
of the keeper of the penitentiary of the State shall be two thousand dollars a year, and no 
more : and that section 5442 of the code be, and the same is hereby, repealed, so far as it 
gives to the keeper one hundred dollars a year for the board of each assistant keeper. 

SEC. 2. Be it further enacled, That all of the assistants, clerks, guards, and other employds, 
shall be boarded at the expense of the penitentiary, without any compensation being paid to 
the keeper ; and it is hereby made the duty of the keeper to have the food properly prepared 
without any additional expense to the penitentiary. 

SEC. 3. Ba it further enacted, That the keeper of the penitentiary shall hereafter be elected 
by the joint vote of the general assembly of the State of Tennessee, in convention assem 
bled. 

SEC. 4. Be it further enacted, That the penitentiary shall be enlarged; and for this pur 
pose the inspectors and keeper of the penitentiary are hereby instructed and required to direct 
the labor of the convicts to that end and object, so as to enclose the ground belonging to the 
penitentiary now open, or so much thereof as, in their opinion, the necessities of the iustitu- 
tioji may require. 

SEC. 5. tic it further enacted, That the attorney general of the State be, and is hereby, in 
structed and commanded to examine into the item of the account showing that there is due 
to the penitentiary the sum of fifty thousand one hundred and thirty-two dollars and eighteen 
cents, by note and account; and "if said indebtedness has been created since the year 1858, to 
institute legal proceedings against the keepers and their securities, who have created said in- 



28 RECONSTRUCTION TENNESSEE. 

debtedness in violation of law ; and for this purpose he may procure competent counsel to 
represent the interests of the State, who shall be paid as the general assembly may hereafter 
direct. 

SKC. 6. Be it further enacted. That the office of auditing clerk in the penitentiary be, and 
the same is hereby, repealed. 

WILLIAM HEISKELL. 

Speaker of the House of Hfpnarntativet. 

SAMUEL R. RODGERS, 

Speaker of tht Senate. 
Passed May 24, 1865. 



CHAPTER X. 

AN ACT to provide for the limitation of actions, and for other purposes. 

SECTION 1. Be it enacted by the genera! assembly of the State of Tennessee, That no statute 
of limitations shall be held to operate from and after the 6th day of May, 1861, to the 1st day 
of January, 1867, and from the latter date the statutes of limitations shall commence their 
operation according to existing laws, and the time between the 6th day of May, 1861, and 
the 1st day of January, 1867, shall not be computed, nor shall any writ of error be refused or 
barred in any suit decided since the 6th day of May, 1861, or within one year immediately 
prior to that date by reason of lapse of time. 

SEC. 2. Be it enacted, That the statutes of limitations prescribed in chapter 2, article 3, 
section 2784 of the Code of Tennessee, shall not be held to operate, or the time be computed 
from the 6th of May, 1861, to the 1st of January, 1867, and from and after the 1st day of 
January, 1867, said statutes of limitation shall commence its operations according to existing 
laws. 

SEC. 3. Be it enacted, That if at any time any cause of action shall accrue against any 
person who shall be out of this State, the action may be commenced within the time limited 
therefor, after such persons shall come into the State, and after any cause of action shall have 
accrued, the person against whom it has accrued shall be absent from, or reside out of the 
State, the time of his abence or residence out of State shall not be taken as any part of the 
time limited for the commencement of the action. 

SEC. 4. Be it further enacted, That in all cases where real estate is subject to redemption, 
as prescribed in chapter 5, section 2124 to 2137, inclusive, of the Code of Tennessee, the time 
between the 6th day of May, 1861, and the 1st day of January, 1867, shall not be held to 
operate, or be computed, and all persons entitled to redeem such real estate shall have six 
months from and after the 1st day of January, 1867, to redeem the same according to existiug 
laws. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed May 30, 1865. 



CHAPTER XL 

AN ACT to fix the fees to be paid by commissioners of deeds resident in other States. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the secre 
tary of state shall be allowed a fee of five dollars for affixing the great seal of the State to the 
commission of each commissioner of deeds for this State. 

SEC. 2. Be it further enacted, That this act shall take effect from and after its passage, 

9 WILLIAM HEISKELL, 

Speaker of the House of Keprcsrntatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 31, 1865. 



CHAPTER XII. 
AN ACT for the relief of indigent families of soldiers. 

SECTION 1. Beit enacted by the general assembly of the State of Tennessee, That the county 
courts of this State shall have power, at any quarterly term, a majority of the justice-; <>f the 
peace of the county being present, to levy a tax on property privileges and polls, to raise a 
fund for the relief of indigent families of soldiers in the United States army; said fund to be 
collected and paid to the trustee, as now provided for by law: Provided, That the widowed 



RECONSTRUCTION TENNESSEE. 29 

mothers, wives, and minor children of soldiers who have died in the federal service shall have 
the benefit of this act in common with the families of those still living. 

SEC. J. Be it further enacted, That the fund raised under the provisions of the first section 
of this act shall be under the control of the county court of the county where raised, and shall 
be used only for the purpose for which it was raised, unless the necessity for which it was 
intended ceases, then it shall become a part of the general fund of the county. 

SEC. 3. Be it further enacted, That this act shall take effect from and after its passage 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. ROGERS, 

Speaker of the Senate. 
Passed May 3 1,1865. 



CHAPTER XIII. 

AN ACT to amend the corporation of the city of Shelbyville, and for other purposes. 
SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the sheriff 
of Bedford county shall open and hold, upon ten days notice, an election for mayor and alder 
men, and other officers of the town of Shelbyville, according to existing laws, who, when 
elected, shall have all the powers, until their successors are elected at the next regular elec 
tion and qualified as required bylaw, that are conferred by law on said mayor and aldermen, 
and other officers of the corporation of said town of Shelbyville. 



SEC. 2. Be, it further enacted, That the sheriff of each county in the State shall open and 
Id, upon ten days notice, an election for mayor and aldermen, and other officers in any 
incorporated town, village, or city, according to existing laws ; who, when elected, shall have 
all the powers conferred on them by their respective charters of incorporation, and until their 
successors are elected and qualified, as required by la w. 

SEC. 3. Be itfurthar enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 31. 1865. 



. CHAPTER XIV. 

AN ACT to change the times of holding the chancery courts at Athens and Benton, in this State. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the chancery 
court at Athens, McMinn county, Tennessee, shall hereafter be holden on the fourth Mondays 
of May and November in each year, instead of third Mondays of February and August, as 
now provided by law. The first court after the passage of this act shall be holden on the 
third Monday of February next, as heretofore, but forever thereafter the chancery courts at 
Athens shall be holden, commencing on the fourth Mondays of May and November, as above 
provided. 

SEC. "2. Be it further enacted, That hereafter the chancery courts at Benton, in Polk county, 
Tennessee, shall be holden on the third Mondays of June and December in each year, instead 
of the first Mondays of February and August, as now provided by law; and the first court 
after the passage of this act shall be holden on the third Monday of June, 1865. 

SEC. 3. Be it further enacted, That the chancery courts for the eighth chancery division of 
this State shall be held at the following times and places each and every year: fourth Mon 
days of May and November at Athens, McMinn county, Tennessee; first Mondays of June 
and December at Madisonville, Monroe county, Tennessee; fourth Mondays of June and 
December at Maryville, Blount county, Tennessee ; Thursday after the third Mondays of April 
and October at Kingston, Roane county, Tennessee; first Mondays of April and October at 
Kuoxville, Kuox county, Tennessee; second Mondays of April and October at Seveirville, 
Seveir county, Tennessee; first Mondays of May and November at Clinton, Anderson county, 
Tennessee. 

SEC. 4. Be it further enacted, That hereafter all process issued from any of said chancery 
courts, in the eighth chancery division of this State, shall be made returnable to the times 
and places mentioned in this act, and that the next chancery court at Maryville, Blount 
county, Tennessee, shall be holden on the fourth Monday of December, 1865, instead of the 
time heretofore provided for by law. 

SEC. 5. Be it further enacted, That the chancellor of the eighth chancery division of this 
State, shall have full power and authority to hold the circuit courts of the counties composing 
said chancery division, whether by interchange with a circuit judge or not: and such circuit 
courts as he may hold, and such causes as he may try and determine in such circuit, shall be 



30 RECONSTRUCTION TENNESSEE. 

good and valid, to all intents and purposes, and he shall have and exercise all the powers of 
circuit judges. 

SEC. 6. lie it further enacted, That the chancery court at Taylorsville, for Johnson county 
shall be held on the third Mondays of April and October. 

SEC. 7. lie it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Iteprewntutitcs. 
SAMUEL R. RODGEKS, 

Speaker of the Senate. 
Passed June 2, 1865. 

CHAPTER XV. 

AN ACT to repeal an act passed on the 19th day of March, 1860, to repeal section 4766 of 
the code, and to re-enact section 4766 of the code. 

SECTION I. Be it enacted by the general assembly of the State of Tennessee, That whoever shall 
be guilty of uttering seditious words or speeches, spreading abroad false news, writing or dis 
persing scurrilous libels against the State or general government, disturbing or obstructing 
any lawful officer in executing his office, or of instigating others to cabal and meet together 
to contrive, invent, suggest, or incite rebellious conspiracies, riots, or any manner of un 
lawful feud or differences thereby to stir people up maliciously to contrive the ruin and 
destruction of the peace, safety, and order of the government, or shall knowingly conceal 
such evil practice, shall be punished by line and imprisonment at the discretion of the court 
and jury trying the case, and may be compelled to give good and sufficient sureties for his 
or her good behavior during the court s pleasure, and shall be incapable of bearing any oflice 
of houoi, trust, or profit in the State government for the space of three years. 

SEC. 2. Be it further enacted, That it shall 1 e the duty of the judges to give this act in 
charge to the grand jury, and no prosecutor shall be required to an indictment under this act. 
SEC. 3. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGEKS, 

Speaker of the Senate. 
Passed June 3, 1865. 



CHAPTER XVI. , 

AN ACT to limit the elective franchise. 

Whereas the first article and the first section of the declaration of rights in the constitution 
of the State of Tennessee declares: "That all power is inherent in the people, and all free 
governments are founded on their authority and instituted for their peace, safety, and happi 
ness; for the advancement of these ends they have at all times an inalienable and iixli-u-usible 
right to alter, reform, or abolish the government in such manner as they may think proper; 
and whereas a large and respectable convention of the free and loyal people of the State, of 
Tennessee met in the city of Nashville, on the 9th day of January, lc 65, and proposed certain 
alterations and amendments fo the constitution of the State of Tennessee, for rejection or rati 
fication by the loyal people on the 2^d of February following; and whereas said amendments 
and schedule were solemnly ratified with great unanimity by the authoritative voice of the 
people ; and whereas the 8th section of said schedule provided for the election of a governor 
arid members of the legislature on the 4th day of March, 1865, and who, in accordance there 
with, v.-eie elected by the ballots of the loyal people ; and whereas the same authoritative 
Y( )!(>-, in section 9th of the schedule, delegated to the general assembly meeting first under 
this amended constitution, the right to fix the qualification of voters and the limitation of the 
elective franchise; theiefore, acting faithfully under and in accordance with this delegation 
of supreme power 

SECTION J. Be it enacted by the general assembly of the State of Tennessee, That the follow 
ing persons, to wit : 

1. Every white man twenty-one years of age, a citizen of the United States and a citizen 
of the county wherein he may offer his vote six months next preceding the day of election, 
and publicly known to have entertained unconditional Union sentiments from the outbreak 
of the rebellion until the present time; and 

SJ. Every white man, a citizen of the United States and a citizen of the county wherein 
be may offer his vote six months next preceding the day of election, having arrived at lin 
age of twenty-one years since March 4, 1865: Provided, That he has not been engaged in 
armed rebellion against the authority of the United States voluntarily; and 

3. Every white man of lawful age coming from another State, and being a citizen of the 
United States, on proof of lo\alty to the United States, and being a citizen of the county 
wherein he may offer his vote six months next preceding the day of election ; and 



RECONSTRUCTION TENNESSEE. 31 

4. Every white man, a citizen of tlie United States and a citizen of this State, who has 
served as a soldier in the army of the United Status, and has been or may be hereafter honor 
ably discharged therefrom ; arid 

5. Every white man of lawful age, a citizen of the United States and a citizen of the 
county wherein he may offer his vote six months next preceding the day of election, who 
was conscripted by force into the so-called confederate army, and was known to be a Union 
man, on proof of loyalty to the United States, established by the testimony of two voters 
under the previous clauses of this section; and 

6. Every white man who voted in this State at the presidential election in November, 
18(54, or voted on the 2 2d of February, 1865, or voted on the 4th of March, 1865, in this 
State, and all others who had taken the "oath of allegiance" to the United States, and may 
be known by the judges of election to have been true friends to the government of the United 
States, and would have voted in said previously mentioned elections if the same had been 
hokk-n within their reach, shall be entitled to the privileges of the elective franchise. 

SEC. 2. Be it further enacted, That all persons who are or shall have been civil or diplo 
matic officers or agents of the so-called Confederate States of America, or who have left 
judicial stations under the United States or the State of Tennessee to aid, in any way, the 
existing or recent rebellion against the authority of the United States, or who are or shall 
have been military or naval officers of the so-called Confederate States, above the rank of 
captain in the army or lieutenant in the navy ; or who have left seats in the United States 
Congress or seats in the legislature of the State of Tennessee to aid said rebellion, or have 
resigned commissions in the army or navy of the United States, and afterwards have volun 
tarily given aid to said rebellion; or persons who have engaged in treating otherwise than 
lawfully, as prisoners of war, persons found in the United States service as officers, soldiers, 
seamen, or in any other capacities ; or persons who have been or are absentees from the 
United States for the purpose of aiding the rebellion ; or persons who held pretended offices 
under the government of States in insurrection against the United States ; or persons who 
left their homes within the jurisdiction and protection of the United States, or fled before the 
approach of the national forces and passed beyond the federal military lines into the so-called 
Confederate States, for the purpose of aiding the rebellion, shall be denied and refused the 
privilege of the elective franchise in this State for the term of fifteen years from and after the 
passage of this act. 

SEC. 3. Be it further enacted, That all other persons, except those mentioned in section 1 
of this act, are hereby and henceforth excluded and denied the exercise of the privilege of the 
elective franchise in this State for the term of five years from and after the passage of this act. 
SEC. 4. Be it further enacted, That all persons embraced in section 3 of this act, after the 
expiration of said five years, may be readmitted to the privilege of the elective franchise by 
petition to the circuit or chancery court, on proof of loyalty to the United States, in open 
court, upon the testimony of two or more loyal citizens of the United States. 

SEC. 5. Be it further enacted, That so long as any of the white citizens of the State of 
Tennessee, who by this act are entitled to exercise the elective franchise, shall be connected 
with the army of the United States, or with the military force of this State in actual service, 
the governor shall issue writs of election to the commanding officers of such brigades, regi 
ments, or detachments of Tennessee soldiers, wherever located, who shall open and hold the 
election, and receive the votes of their respective commands, and return the same to the 
secretary of state, and which shall be counted in the same way and manner as if said votes 
hud been cast in any of the counties of the State to which the soldiers belonged. 

SEC. 6. Be it further enacted, That it shall be the duty Sf the county court clerk, in each 
county, to open and keep a registration of voters, and before whom proof, under oath, that 
the voter falls within the provisions of article 1 of this act, shall be made: Provided, No 
man of publicly known Union sentiments shall be required to make oath in doing the same; 
and said clerk shall receive such compensation as the county court in each county may deem 
proper ; and also said clerk shall issue to all such persons a certificate of registration, and no 
one shall be permitted by the judges of election to vote unless so registered. 
SEC. 7. Be it further enacted, That any voter may be challenged by an admitted voter of 
section 1 of this act, on offering his vote; and thereupon the judges of election shall per 
emptorily administer to the person so challenged, before permitting him to vote, the follow 
ing oath, said oath also to be taken by all judges of election and candidates for office: 

"OATH 



" I solemnly swear that I will henceforth support the Constitution of the United States 
and defend it against the assaults of all its enemies; that I am an active friend of the gov 
ernment of the United States ; that I will heartily aid and assist the loyal pnjpii in whatever 
nieasiiies 
and 
the 

faithfully and most heartily support and defend the constitution 
and the amendments and schedule thereunto appended and adopted by the people on the J Jd 
day of February, 1865 ; and also all acts of the general assembly assembled in accordance 



rument of the United States ; that I will heartily aid and assist the loyal people in whatever 
leasuies may be adopted under the Constitution of the United States, and under all laws 
nd proclamations made in pursuance thereof, to establish the national authority over a.l 
10 people of every State and Territory embraced in the national Union; and that I will 
iithf ullv find most bojirtilv surmort and defend the constitution of the State ot Tennessee, 



32 RECONSTRUCTION TENNESSEE. 

therewith ; and that I take this oath freely, voluntarily, and without mental reservation: So 
help me (od." 

SEC. s. UK it further enacted, That any person taking this oath falsely shall be guilty of 
perjury, jind shall sutler the pains and penftltiei attached to that crime. 

Sr.r. ( ,i. Hi- itfitrthi-r enacted, Tluit tin- power is reserved to alter, amend, or change the 
provisions of this act, at any time when, in the opinion of this general assembly of the State, 
it is right and proper to do so. 

SEC. JO. And be it further enacted, That this act shall take effect from and after its pas 
sage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGER8, 

Speaker of the Senate. 
Passed June 5, 3865. 

CHAPTER XVII. 

AN ACT to repeal an act incorporating a military department in Andrew College, and the 
Memphis Arms Company, and for other purposes. 




, , authorizing the mayor 

ot the city of Memphis and the sheriff of Shelby county to call out the 154th regiment to 
suppress insurrection, riot, or invasion, at the expense of the city and county, belaud tlie 
same is hereby, repealed. 

SEC. 3. Be it further enacted, That an act to incorporate the Memphis Light Dragoon 
Company, which was passed January 3], 186], be, ami is hereby, repealed. 

SEC. 4. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 5, 1865. 

CHAPTER XVIII. 

AN ACT to amend section 117 of the code, and for other purposes. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the crimi 
nal court of the county of Montgomery be, and the same is hereby, abolished; and that the 
jurisdiction of said court be, and the same is hereby, conferred upon the circuit court of 
Montgomery county as fully and completely as can by law be done. 

SEC. 2. Be il further enacted, That all of the causes in the criminal court of Montgomery 
county shall be transferred to the circuit court of Montgomery county, and all bonds taken 
for the appearance of defendants be returnable to the first Tuesday after the second Monday 
in September, 18(55, before said circuit court. 

SEC. 3- # it further enacted, That the circuit judge of the tenth judicial circuit of the 
State of Tennessee shall have full power to try all such criminal causes as may be thus 
transferred to it, or that may hereafter arise in the county of Montgomery; and that he is 
lierehy clothed with fulj power to iix a day at each term of his court when all such business 
shall he. iaUeil up. 

Sr.r. 1. lie it further enacted, That there shall be regularly empanelled a grand jury for 
the county of Davidson, which shall be elected, sworn, and empanelled bv the circuit 
court of Davidson county, and shall have its sittings during the regular session of said court, 
and with full power of all other grand juries in the State; and that the bills and present 
mcnts so made by the grand jury thus empanelled and returned, shall be regularly trats- 
fcned to the criminal court of Davidson county for process to issue, and trial to be had, as 
in other criminal cases. 

SEC. 5. Be it further enacted, That the circuit court of Montgomery county shall have full 
power, with all ether criminal courts of the State, to organize and empanel a o-rand jurv as 
now provided tor by law. 

Sue. (5. Be it further enacted, That this act shall take effect from and after its passage 

\\ ILLIAM HKISKKLL," 
Speaker of the House of Rt presentntircs 
SAMUEL R. Rolx.KKS, 

Speaker of the Senate. 

Pa sod June 5, 1865. 



RECONSTRUCTION TENNESSEE. 3 3 

CHAPTER XIX 

AN ACT to authorize the investment, of trust funds, and for other purposes. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the courts 
of law and equity in this State be, and they are hereby, authorized to have the money and 
funds in the hands of clerks and receivers, or trustees, in litigation, or under the control of 
said courts, invested in the public stocks or bonds of the United States, under such rules 
and orders in each case as may be legal and just. 

SEC. 2. That guardians, executors, administrators, and trustees shall also be authorized 
and empowered to invest money and funds in their hands in the public stocks or bonds of 
the United States, and make report thereof to the county court of the county where such 
guardian, executor, administrator, or trustee resides, unless another mode of investment is 
required by will or deed of the testator or other person who has established the funds. 
SEC. 3. This act to be in force from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 6, 1865. 

CHAPTER XX. 

AN ACT to establish a claim agency of Tennessee in the city of Washington. 

SECTION 1 . Be it enacted by the general assembly of the State of Tennessee, That the governor, 
by and with the advice and consent of the Senate, be, and he is hereby, directed to appoint 
an agent for the State of Tennessee, learned in the law and faithful in business, who shall 
keep his office in the city of Washington, whose duty it shall be, whenever requested by the 
party or parties interested, to prosecute before the Court of Claims at Washington, or before 
a-ny of the departments at Washington, any claim or demand growing out of the existing 
war which the State of Tennessee, or any citizen or soldier thereof, has against the govern 
ment of the United States: Provided, That the person appointed under this act shall hold no 
other office or appointment under the United States or the State of Tennessee. 

SEC. 2. Be it further enacted, That it shall be the duty of said agent to answer all com 
munications addressed to him by any Tennessee soldier or citizen, or any officer of the State 
government, in regard to any matter of business in any of the departments at Washington. 

SEC. 3. Be it further enacted, That said agent shall perform such other duties as may from 
time to time be required of him by the governor, and may be removed by the governor when 
ever, in his opinion, the interest of the people of Tennessee require it. 

SEC. 4. Be it further enacted, That the agent appointed under this act shall not, directly 
or indirectly, receive or charge any fee for services rendered under this act to Tennessee 
soldiers, their widows, heirs, and legal representatives ; nor shall he purchase, trade, or deal 
in any claim against the United States, whether the same is or is not in his hands for collec 
tion. 

SEC. 5. Be it further enacted, That any violation by said agent of the provisions of thc- 
preceding section shall be a misdemeanor in office, and punishable by fine or imprisonment, 
or both, at the discretion of the jury. He may be indicted in the circuit court of the county 
where the claimant or soldier resides, or in the circuit court of the county in which the agent 
resides. 

SEC. 6. Be it further enacted, That, before entering on the discharge of the duties of his 
office, he shall take the oath that other officers of this State are required, under the Consti 
tution, to take, and shall execute a bond with sufficient security, to be approved of by the 
governor, conditioned that he will faithfully and diligently discharge the duties of his office ; 
make full, fair, and complete returns of all claims and funds which may conic into his hands 
or may be intrusted to him, and pay over to the claimant all money, vouchers, and ertV rts 
which he may receive for any claimant ; and that he will not, directly or indirectly, purchase, 
trade, or deal in any claim whatever against the United States; which bond shall be tiled 
and preserved in the office of the secretary of state, and upon which any one aggrieved may 
maintain a suit for any breach thereof, and any recovery on the same shall not bar any other 
suit upon the same for any other and distinct cause of action. 

SEC. 7. Be it further enacted, That the agent shall receive, as compensation for his services 
under this act, a salary of fifteen hundred dollars, payable out of the State treasury. 

SEC. 8. Be it further enacted, That for prosecuting" the claims of the State, or the claims 
of soldiers, their widows, heirs, and legal representatives, said agent shall receive no other 
compensation than the salary herein allowed, but for prosecuting and collecting the claims 
of other persons, citizens of Tennessee, he is allowed to charge any fee agreed upon between 
him and the claimant not exceeding live per centum on the amount of the claim allowed, 
where such allowance is one hundred dollars or less ; if over one hundred and not exceeding* 

3 T 



34 RECONSTRUCTION TENNESSEE. 

one thousand dollars, five dollars on the first hundred dollars and three per centum on the 
residue may be charged, and if more than one thousand dollars, then two and a half per 
centum oii the excess pyer one thousand dollars collected: Provided, The agent shall not 
attend to the prosecution of the claims of any other State, and for a violation of this section 
he shall be dismissed from his office by the governor, and on indictmert in the circuit court 
of the county where the claimant resides, fined in a sum not exceeding five times the auiount 
of fees charged. 

Set;. 9. Be it further enacted, That the agent shall hold his office for a period not exceeding 
two years from the first day of October, 1865; and in the event of his death, resignation, or 
removal from office, the governor may appoint a successor for the unexpired term, who shall 
receive the office, books, papers, and claims of his predecessor, and be governed by the pro 
visions of the foregoing sections of this act. 

SEC. 10. Be it further enacted, That this act shall take effect from and after its passage, 
and shall continue in force until the first day of October, eighteen hundred and sixty -seven. 

WILLIAM HEISKELL, 

Speaker of the Houae of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 5, 1865. 



CHAPTER XXI. 

AN ACT for the benefit of discharged Union soldiers. 

SECTION 1. Be it enacted by the general assembly of the Stale of Tennessee, That all dis 
charged Union soldiers, who have served either as State or Federal soldiers, and have been 
honorably discharged the service, and all citizens who have always been loyal, shall be per 
mitted to carry any and all necessary side-arms, being their own private property, for their 
personal protection and common defence. 

WILLIAM HEISKELL, 

Speaker of the House of licpresentat ivcs. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 6, 1865. 



CHAPTER XXII. 

AN ACT accepting on the part of the State of Tennessee a grant of lands made by the United 
States to the several States and Territories which may provide colleges for the benefit of 
agriculture and the mechanic arts. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That an act of 
Congress of the United States, approved July 5, J86 2, entitled an act donating public lands 
to the several States and Territories which may provide colleges for the benefit of agriculture 
and the mechanic arts, and the grant of land and land scrip thereby made be, and the same 
is hereby, accepted on the part of the State of Tennessee. 

SEC. 2. And be it enacted, That the said grant of land and land scrip is hereby accepted 
for tli-e purposes and upon the conditions in said act of Congress specified, and the assent of 
the .State of Tennessee to the several conditions and provisions in said act contained is hereby 
signified and expressed. 

SBC. 3. And be it enacted, That the governor of this State, and such person as he shall 
appoint for that purpose, are hereby appointed commissioners for the State to receive from 
the Secretary of the Interior, or other officer of the United States, the laud scrip to which the 
State of Tennessee is or may be entitled under the act of Congress aforesaid; said scrip to 
lie held by said commissioners for the State until provision is made by law for the sale thereof 
and investment of the proceeds in accordance with the provisions of said act of Congress. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 6, 1865. 

CHAPTER XXIII. 

AN ACT to provide for the payment of certain counsel fees. 

SECTION 1 . Be it enacted by the general assembly of the State of Tennessee, That in all 
crises where suits have been brought, or may hereafter be brought, against any persons 
tluvt have been connected as president, cashier, directors, debtors, or in any way liable to the 



RECONSTRUCTION TENNESSEE. 35 

Bank of Tennessee or branches, by attorneys, instructed by the attorney general of the St;ito 
to bring said suits, said attorneys shall be paid such compensation for their services us (he 
governor, secretary of the State, and the attorney general of the State may deem just ; the same 
to be paid out of any money in the treasury not otherwise appropriated, upon the certifiriite 

said officers certifying the amount to the comptroller. 

, SEC. "2. Be it further enacted, That in all cases where the interest of the State requires 
Mn the judgment of the governor and attorney general of the State) additional counsel to 
*he attorney general of the State or district attorney, the governor shall employ such counsel, 
who shall be paid as provided in the first section of this act. This act to take effect from and 
after its passage. 

WILLIAM HETSKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 7, 1865. 

CHAPTER XXIV. 

AN ACT for the protection of sheriffs and other civil officers of the State. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the 
sheriffs of -the sevl counties in this State are hereby authorized to raise a posse of rnen, 
not to exceed twenty -five in number, as a county patrol, and to aid the sheriff and all other 
civil officers of the county in enforcing civil law and order ; and, further, the sheriffs of the 
different counties in this State shall, in all cases of emergency, have discretionary power to 
summon, in addition to the posse granted by this act, as many more men as will, in his 
judgment, be sufficient to either capture or disperse all opposing forces. 

SEC. 2. Be it further enacted, That the above county guards shall consist of the citizens of 
the county, and none shall be eligible to Serve but such as have a good moral character and 
unquestionably loyal to the United States and State of Tennessee. 

SEC. 3. Be it further enacted, That the expense of raising and keeping in said service the 
above force shall be paid by the county in which it is raised, and the clerk of said county 
shall keep a current account of all such expenses, and report the same to the comptroller of 
the State, and that the county court shall have power to disband the same when in their 
opinion the causes for which they were raised shall have passed away. 

SEC. 4. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEI^KELL, 
Speaker of the House of Representatives. 
SAMUEL R, RODGERS, * 

Speaker of the Senate. 

Passed June 7, 1865. 

CHAPTER XXV. 

AN ACT " to regulate the stock of the county of Sumner in the Nashville and Louisville 
railroad, and for other purposes." 

Whereas, under the authority of an act of the general assembly of the State of Tennessee, 
the citizens of Sumuer county voted to subscribe $300,000 stock in the Louisville and Nash 
ville railroad ; and whereas, by a subsequent act of the legislature, said subscription was 
paid by the issuance of the bonds of the county, payable in twenty years, with six per 
cent, interest, payable semi-annually in the city of New York, $100,000 of which are dated 
the ]st of June, 1854, $100,000 of which are dated 1st of June, 1855, and the remaining 
$1(JO,000 the 1st of June, 1856 ; all of which were delivered to the president of the Louisville 
and Nashville railroad, and for which the county received a certificate of stock in said railroad 
to the amount of $300,000 ; and whereas there has been no provision made for the redemp 
tion of the bonds of the county, issued as afoiesaid to pay off the interest that has accrued 
since the 1st clay of January, 1861 : 

Now, therefore, in order to enable the people of said county to free themselves from sa 
indebtedness, t 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the county 
judge of Sumner county shall have the power, and it is hereby made his duty, to advertise in 
some one of the papers published in the city of Nashville and Louisville, requesting the 
holders of the bonds of Sumner county to file in his office their amount, date, and ruimber, 
and to open a negotiation with said holders for the payment of said bonds in the stock of said 
county in the Louisville and Nashville railroad, at par ; and in all cases where the holders oi 
any of said bonds shall agree to take said stock, or a regular transfer thereof, dollar for 
dollar, then the said county judge shall make said exchange, and by power of atto. i y 
acknowledged before the clerk of the county court, or in person, transfer, said stock upon the 



36 KECONSTRUCTION TENNESSEE. 

books of the company to such holder, or his, her, or their order, and receive in lieu of said 
stock such bond or bonds so paid ; and he shall report to the next term of the county court 
all of the bonds so taken up. As he shall so receive a bond, he shall write in legible letters 
across its face cancelled, with the date and his official signature ; and it shall be his duty, in 
the presence of the clerk thereof and such justices of the peace as may be present, to cancel 
said bonds, and record shall be made upon the minutes of said court of said cancellation. 

SEC. 2. Be it further enacted, That, to meet any interest due on said bonds, the county 
judge of Sumrier county is authori/cd and required to ascertain from said company what 
is the amount of dividends due the county on said stock ; and after giving three months 
notice to holders of coupons in the papers ai oresaid, he will pro rata the same among said 
holders who shall present the same as notified, and give such parties delivering up their 
coupons authority to draw their portion of said dividends, and as coupons shall be thus taken 
up, they shall be cancelled in like manner provided for the cancellation of the bonds : Provided, 
however, That in case any holder of a bond with interest due thereon from the 1st of January, 
1861, shall be willing to exchange his bond and interest for the like amount of stock and 
such dividends as may be due, then said county judge shall make said exchange and deliver 
the necessary transfers ; all of which shall be reported as aforesaid. 

SEC. 3. lie it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate 

Passed June 7, 1865. 

CHAPTER XXVI. 

AN ACT to accept the surrender of the charter of the Bank of Middle Tennessee, and for 

other purposes. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the sur 
render of the charter of the Bank of Middle -Tennessee, at Lebanon, be accepted, and that 
the stockholders in said bank have three years to settle or litpiidate the business ; and that 
all persons holding the notes of said bank shall present them to said bank for payment within 
three years, or afterwards they will be barred ; that said stockholders shall have all the privi 
leges conferred by their charter which are necessary to the collecting the debts and liquidating 
said bank, and that said bank be exempted from the tax imposed by its charter during the 
three years granted by this act. 

SEC. 2. Be it further enacted, That no bank in this State shall be employed to act as a 
fiscal agent of the State Avhose president and cashier and directors have not been since the 
beginning of the rebellion, and are now, unconditional Union men. 

SEC. 3. Be it further enacted, That all stock banks in this State shall be allowed to sur 
render their charters upon the same terms, "and have the same time allowed them in which to 
wind up their business as is allowed by this act to the Bank of Middle Tennessee : Provided, 
That each application shall be accompanied by a special exhibit of the bank, showing its 
ability to meet all its liabilities. 

SEC. 4. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House, of Representatives, 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed JuneS, 1865. 



CHAPTER XXVII. 

AN ACT to repeal the law apportioning money to division fairs and county societies! 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That section 284 
of article 3, chapter 4, title 3, of the code be, and is hereby, repealed. 

SEC;. >. Be itfurthtr enacted, That section 290 of article 4, chapter 4, title 3, of the code 
be, and is hereby, repealed. , 

SEC. 3. Be it further enacted, That no Vuoney shall he paid out of the treasury for aiiy an 
nual appropriation to division fairs and county societies that may be due them, or which they 
may claim for any past year or years; and that this act.shall take etfect from and after its 
passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Sneaker of the Senate. 
Passed June 8 1865 



RECONSTRUCTION TENNESSEE. 37 

CHAPTER XXVIII. 

AN ACT to supply lost deeds and title papers. 

Whereas, under the casualties of war, many of the records belonging to the several offices 
f the registers of the different counties in the State have been lost and destroyed, and it is 
necessary to preserve, as far as possible, the muniments of title to land: Therefore, 

Be it enacted by the general assembly of the State of Tennessee, That the present or any sub 
sequent owner oi land in this State may, for the purpose of perpetuating the evidence of his 
title to his land, carry to any of the registers of the counties in this State where his laud or 
lands are situated the original conveyances which may be in his possession, or the possession 
of any one else, and have the same recorded by said register in the register s books, together 
with the certificate attached to said original conveyances showing that it had been previously 
duly registered ; and if the owner of the land should be informed of the existence of any original 
conveyance in the possession of any third party who will not voluntarily produce it for regis 
tration, then the register, on the application of the owner of the land in writing, may cause a 
subpoena duces tecum to issue to compel the holder to produce said deed or conveyance, so that 
it may be registered for the security of the title of the claimant or owner. The register shall 
receive the same fees as now fixed by law for similar services, to be paid by the applicant. 
And this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of tfte House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTER XXIX. 

AN ACT to modify the oath prescribed for liquor dealers. 

SECTION 1. Be it enacted ly the, general assembly of the State of Tennessee, That the oath 
prescribed in article 6, section 691, of the code be, and is hereby, so amended as to read as 
follows, to wit: 

"I do solemnly swear (or affirm) that I will not, under the license which I am about to 
obtain, knowingly permit or connive at any gaming for money, or any other valuable con 
sideration, in the house in which I may retail spirits, or in any other place of which I may 
have control, either directly or indirectly; and if any person should game or bet to my 
knowledge, (and I will exercise due diligence to know,) I will give information thereof to 
the grand jury of my county at the next term of the court: So help me God." 

SEC. 2. Beit further enacted, That all persons now holding license under said section (691) 
may return the same to the clerk of their respective county courts, and demand in lieu there 
of (on payment of the usual clerk s fee for a new license) a license for their unexpired time, 
in conformity with this act. 

SEC. 3. Be it further enacted, That so much of said section as is in conflict with this act be, 
and the same is hereby, repealed. 

SEC. 4. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Passed May 8, 1865. Speaker of the Senate. 

CHAPTER XXX. 

AN ACT to release the citizens from paying the State and county taxes for the years 1862, 

1863, and 1864. f 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the people 
of the State of Tennessee be, and are hereby, released from the payment of the State tax for 
the years 1862, 1863, and 1864 : Provided, That nothing in this act shall be soconstrued as to 
refund to the people any taxes already collected for said years. 

SEC. 2. Be it further enacted, That the county courts of the respective counties in this State 
may release the people of their counties from the payment of the county taxes for the years 
specified in the first section of this act: Provided, Nothing in this section shall be so construed 
as to refund any county taxes already collected. 

SBC. 3. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate 
Passed June 8, 1865. 



38 RECONSTRUCTION TENNESSEE. 



CHAPTER XXXI. 

AN ACT to amend "An act to reform and regulate banking in Tennessee," passed February 

<>, I860. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the 32d 
section of said act he so amended as that the .surrender of charters of banks therein provided 
for niiiy be. made to the governor of the State of Tennessee, at any time when the legislature 
of said State is not in session, and that such surrender shall be, to all intents and purposes, 
as good and valid as if made to the legislature. 

SEC. 2. Be it further enacted, That the same privileges mentioned in the first section of 
this act are conferred upon all stock banks in the State, and each and every bank in the State 
is hereby authorized and empowered to make an assignment of the effects of said bank or 
banks, t o any trustee or trustees, receiver or otherwise: Provided, That said assignment is 
made so as to give the preference to the bill-holders thereof, over all other creditors of such 
biiuk or association: And provided, The assets so transferred and assigned are made secure 
in the hands of the trustee, receiver, or agent. 

SEC. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 8, 1865. 



CHAPTER XXXII. / 

AN ACT to declare and make valid certain acts of certain officers of this State. 

SEC. 1. Be it enacted by the general assembly of the, State of Tennessee, That all process, 
original, inesne or final, issued since the first day of September, 1863, by clerks de facto, act 
ing in good faith, of the county, circuit, or chancery courts, Imlden under the true and lawful 
government of the State, or under authority of the United States, be, and is hereby declared, 
good and valid in law. 

SEC. 2. Be it further enacted, That all process issued from said courts, since said period of 
time, served or executed by any sheriff, coroner, or constable de facto, and acting in good 
faith, be, and is hereby, declared to be legally served and executed in law, and shall be held 
good and valid in law : Provided, No execution of any order, judgment or decree, or sale 
thereunder, shall be deemed or taken to be good or valid in law, unless said court had juris 
diction thereof, and said order, judgment or decree, or sale thereunder, was valid and 
binding in law. 

SEC. 3. Be it further enacted, That the governor of the State be, and is hereby, authorized 
to commission all officers elected in the county of Carroll, under the proclamation of Andrew 
Johnson, military governor of the State of Tennessee, on the first Saturday in March, 1864, 
and that the county and circuit courts of said county take all proper bonds of th said 
officers, and qualify them according to law. 

SEC. 4. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTER XXXIII. 

AN ACT to provide for the payment of the governor s staff. 

Be it enacted by the general assembly of the State of Tennessee, That the comptroller of the 
State shall keep an account with the officers composing th? governor s staff, and shall settle 
with them every two months, and shall issue his warrant upon the treasurer for the amount 
due them from time to time ; and that this act shall take effect from and after the date of its 
passage. 

WILLIAM HEISKELL, 
Speaker of tin House of Reprtstnfatvott. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 9, 1865. 



RECONSTRUCTION TENNESSEE. 39 

CHAPTER XXIV. 

AN ACT to apportion the representation in the Congress of the United States. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the coun 
ties of -Johnson, Carter, Sullivan, Washington, Hawkins, Hancock, Green, Cocke, Jeffer- ,_ 
son, Granger, and Sevier shall compose the first congressional district of this State. 

The counties of Claiborne, Union, Knox, Campbell, Scott, Morgan, Anderson, Blount, 
Monroe, Polk, McMiun, Bradley, and Roane shall compose the second congressional district 
of this State. 

The counties of Meigs, Rhea, Hamilton, Marion, Grundy, Bledsoe, Van Buren, Sequatchie, 
Warren, White, Smith, Cumberland, Putnam, Jackson, Macon, Overton, DeKalb, and Fen- 
tress shall compose the third congressional district of this State. 

The counties of Rutherford, Cannon, Coffee, Franklin, Lincoln, Bedford, Marshall, and 
Giles shall compose the fourth congressional district of this State. 

The counties of Williamson, Davidson, Wilson, Sumner, Robertson, and Cheatham shall 
compose the fifth congressional district of this State. 

The counties of Lawrence, Wayne, Hard in, Decatur, Perry, Lewis, Maury, Hickman, 
Humphreys, Dickson, Montgomery, and Stewart shall compose the sixth congressional dis 
trict of this State. 

The counties of Benton, Henry, Weakley, Obion, Dyer, Gibson, Lauderdale, Henderson, 
and Carroll shall compose the seventh congressional district of this State. 

The counties of McNairy, Hardeman, Fayette, Shelby, Tipton, Madison, and Haywood 
shall compose the eighth congressional district of this State. 

SEC. 2. Be it further enacted, That sections two, three, and four of an act of the general 
assembly of this State, passed the 20th day of February, 1852, entitled "An act to appor 
tion the representation in the Congress of the United States," be, and the same is hereby, 
revived, and the same shall govern and control all persons therein named. 

SEC. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 9, 1865. 

CHAPTER XXXV. 

AN ACT to secure the funds provided for public education. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the pres 
ent funds in coin belonging to the Bank of Tennessee be invested by the governor, secre 
tary of State, and comptroller, in United States or Tennessee bonds, and be subject to future 
legislative control. 

SEC. 2. Be it further enacted, That the governor, secretary of state, and comptroller ot 
the State be authorized to employ such agencies as they may deem necessary for the pur 
pose to investigate into the assets of the Bank of Tennessee, and to ascertain and schedule 
the amount and value thereof, and that the sum of ($1,500) fifteen hundred dollars, if so 
much be necessary, be, and it is hereby, appropriated, out of the treasury of the State, to 
meet the services provided for by this section. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 9, 1865. 

CHAPTER XXXVI. 

AN ACT to pay the current expenses of this session of the general assembly, and for other 

purposes. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the comp 
troller of the treasury issue his warrant to each member of the senate and house of repre 
sentatives for the sum stated to be due to each in the annexed report of the committee on 
finance. . 

SEC. 2. Be it further enacted, That the comptroller issue his warrant to the officers ot 
senate and house of representatives, viz: To E. P. Cone, principal clerk, senate, 71 days, 
$426; H. G. Flagg, engrossing clerk, senate, 71 days, $426; G. O. Cate, doorkeeper, srn.-ttt-, 
71 days, $284 ; H. W. Barr, messenger, senate, $64 ; James T. Shelley, principal clerk, 



40 RECONSTRUCTION TENNESSEE. 

house of representatives, 38 days, $223; E. A. James, principal clerk, house of representa 
tives, :>> > days, sl .H: Joseph P. Galbraith, assistant clerk, house of representative-;, 71 days, 
$42(>; G. W. Blackburn, engrossing clerk, house of repreaentatirea, 71 days, $426; A. Hill, 
doorkeeper, house of representatives, 71 days, W4 ; J. L. Martin, assistant doorkeeper, 
house of representatives, 71 days, s^S4. 

. SEC. 3. Be it further enacted, That the comptroller of the treasury issue his warrants to 
the following persons for stationery, &c., &-.: To John Wallace & Co., ninety-one dollar*- 
to Thomas Wells, three hundred and fifty-five dollars and fifty cents; to William T. Berry 
& Co., four hundred and fifty-one dollars and sixty -five cents. 

Si.c. 4. Be it further enacted, That the comptroller issue his warrant to Samuel R. Rod- 
gers, speaker of the senate, for the hem-tit of Abraham Smith, a free man of color, for at 
tending to the water-closet during (he session, for the sum of two dollars per day. 

SEC. 5. Be it further enacted. That the comptroller of the treasury issue his warrant to 
Samuel R. Rodgers, speaker of the senate, for two hundred and eighty-four dollars for the 
services of David Skaggs, for attending in the senate as porter and messenger, seventy-one 
days. 

SEC. C. Be it further enacted, That the comptroller of the treasury issue his warrant to 
William Heiflkell, speaker of the house of representatives, for the sum of one hundred and 
forty-two dollars ; and two hundred and thirteen dollars for the services of Bryce B. Rouls- 
ton and Buck Lewis, for attending upon the house of representatives. 

SEC. 7. Be it further enacted, That the principal clerk of the senate shall remain a suffi 
cient time after the adjournment to file the papers of the senate in the office of the secretary 
of State, and close his business, for which he shall be allowed his per diem; and that the 
said clerk be allowed thirty cents per page for copying the unfinished journal, and that the 
comptroller issue his warrant for the same. 

SEC. 8. Be it further enacted, That E. A. James, principal clerk of the house of represent 
atives, shall remain a sufficient time after the adjournment to file the papers of the house of 
representatives in the office of the secretary of State and close his business, for which he 
shall be allowed his per diem , and that the said clerk be allowed thirty cents per pao-e for 
copying the unfinished journal, and that the comptroller issue his warrant for the same. 

SEC. 9. Be it further enacted. That the comptroller issue his warrant and pay the several 
publishers of the city papers for the papers actually furnished the general assembly and laid 
upon the tables of each member every day of the session, at the current subscription price of 
the same : Provided, Said payment shall be in accordance with a resolution passed by the 
present session of the general assembly regulating the number of papers each member shall 
receive at the expense of the State. 

SEC. 10. Be it further enacted, That the comptroller of the treasury issue his warrant to 
cover the cost and expenses of sundry articles furnished for the use of the capitol, ordered 
by his predecessor. 

SEC. 11. Be it further enacted, That the secretary of state cause one copy of the acts and 
journals of the present general assembly to be bound for each member of both the houses and 
the officers of the same, and distribute with the other acts and journals. 

SEC. 12. Be it further enacted, That the comptroller issue his warrant to E. P. Cone, prin 
cipal clerk of the senate, and E. A. James, principal clerk of the house of representatives, 
for fifty dollars for preparing an index to senate journal, and fifty dollars for preparing an 
index to house journal of the present session of the legislature. 

Sr.c. 13. Be it further enacted, That the governor and comptroller of the treasury examine 
the account! of job printing executed for the general assembly, and pay the same according 
to the rate specified by law, out of any money in the treasury not otherwise appropriated" 
Sr.r. 14. Be it further enacted, That the sum of one thousand dollars be allowed the treas 
urer tor the purpose of procuring necessary office furniture for the preservation of the records 
01 his office) and that the comptroller issue his warrant for the same. 

SEC. 15. Be it further enacted, That the comptroller of the treasury issue his warrant to 
E. A. .James for two hundred and fifty dollars for extra clerk-hire. 

Sue. 1C., lie it further enacted, That the comptroller issue his warrant to the treasurer for 
the sum of one hundred dollars per annum, as compensation for preserving the furniture of 
the senate chamber and the house of representatives. 

Sr.c. 17. llr, it further enacted, That the comptroller of the treasury issue his warrant to 
William Heiskell, for the use of the family of Samuel M. McCammon, elected as a member 
ot the house of lepresentatives, who came to Nashville to take his seat from Kuoxville. but 
died without doing so, for eighty-three dollars and fifty cents, for his mileage from Knox- 
ville, a distance of live hundred and twenty-two miles. 

Si:c. is. lif it. fitrt hr r < uncled, That the comptroller issue his warrant to the Nashville Gas 
light Company for any amount due them for gas furnished at the capitol. 

Sr.c. IS). Be it further enacted, That the sum of ten thousand dollars be, and the same is 
hereby, appropriated for the purpose of purchasing material for the prisoners in the peniten 
tiary, so as to enable the keeper and inspectors to put them to work, and for the payment of 
the necessary expenses of said penitentiary, and that they report to the general assembly as 
to how the money has been expended, and the treasurer pay the amount so appropriated out 



RECONSTRUCTION TENNESSEE. 41 

of any money in the treasury not otherwise appropriated, and that the inspectors receive five 
dollars per day tor each and every day when engaged in the performance of their duties. 

SEC. 20. Be it further enacted, That the further sum of twenty thousand dollars be, and 
the same is hereby, appropriated for the expenses and support of the Tennessee hospital for 
the insane for the current year, in addition to the sums received from pay patients of that 
institution. 

SEC. 21. Be it further enacted, That the comptroller, under the supervision of the gov 
ernor of the State, take and state an account of the receipts and disbursements of the super 
intendent of the blind school, and on the exhibition of vouchers of a properly authenticated 
character, and upon being entirely satisfied that a balance is due said superintendent, the 
comptroller issue a warrant upon the treasurer for the same, not, however, to exceed the 
sum of eleven hundred dollars. 

SEC. 22. Be it further enacted, That the sum of five thousand dollars is hereby appropri 
ated for the repairing and putting into operation the deaf and dumb school at -Knoxville, said 
appropriation to be under the direction of the governor and the loyal trustees of said institu 
tion ; and the comptroller shall issue his warrant upon the treasurer, from time to time, for 
such sums as the governor and said trustees may direct. 

SEC. 23. Be it further enacted, That the comptroller examine the accounts of Sampson &. 
Go., for coal furnishedthe general assembly, and, under the supervision of the governor, issue 
his warrants for any amounts due them. 

SEC. 24. Be it further enacted, That the secretary of state be, and is hereby, authorized 
to employ a porter to the capitol, at the rate of two dollars per day, to hold his office at the 
pleasure of the said secretary; that the comptroller issue his warrant to said employe, from 
time to time, for the amounts due him, upon the certificate of the secretary of state. 

SEC. 25. Be it further enacted, That the comptroller issue his warrant to A. J. Adams for 
one hundred and forty dollars, for his services as assistant engrossing clerk, for thirty-five 
days, at four dollars per day. 

SEC. 26. Be it further enacted, That the comptroller issue his warrant to George O. Cate, 
doorkeeper of the senate, for one hundred dollars, for performing the duties of messenger of 
the senate. 

SEC. 27. Be it further enacted, That the comptroller of the treasury issue his warrant to 
Cone & Turmoil, for thirteen hundred and two dollars and forty -six cents, for stationery fur 
nished the two houses of this general assembly. 

SEC. 28. Be it further enacted, That the secretary of state be, and is hereby, authorized 
to furnish the adjutant general and quartermaster s offices with necessary stationery to carry 
on the business of said offices; and the comptroller shall issue his warrant, from time to 
time, to the treasurer of the State, for the necessary amounts to pay for said stationery. 

SEC. 29. Be it further enacted, That the comptroller issue his warrant to Stokely, a colored 
man, for services in waiting on the senate, for the sum of seventy-four dollars. 

SEC. 30. Be it further enacted, TFiat the comptroller issue his warrant for the sum of six 
teen hundred and twenty-three dollars and eight cents, for repairs and other expenses. 

SEC. 31. Be it further enacted, That the comptroller issue his warrant to A. J. Fletcher, 
secretary of state, for ninety dollars, for clerk hire. 

SEC. 32. Be it further enacted, That the board of trustees of the Tennessee hospital for 
the insane shall audit and examine the accounts outstanding against said institution, 
counted from the J4th day of March, 1862, up to the time W. P. Jones was made and ap 
pointed superintendent; and the accounts, when so ascertained, shall, upon the order of the 
chairman of the board of trustees, be paid ; and the comptroller shall issue Lis warrant for 
the same, to be paid out of any money in the treasury not otherwise appropriated. 

SKC. 33. Be it further enacted. That section twelve of an act passed January 19, 1838, 
entitled "An act to establish a State bank to raise a fund for internal improvements and to 
aid in the establishment of a system of common schools," be, and the same is hereby, re 
pealed. 

SEC. 34. Be it further enacted, That section 2807 of the code is hereby repealed. 
SEC. 35. Be it further enacted, That Willis Grantham be allowed the sum of one hundred 
and forty-one dollars and sixty cents, being his mileage and per diem, as contestant for a 
seat in the house, up to the 12th April, 1865, and that the comptroller issue his warrant, and 
the treasurer pay the same. 

SEC. 36. Be it further enacted, That the comptroller be ordered to issue his warrant for the 
sum of two hundred dollars, for mileage and per diem to the 13th April, 1865, to Samuel 
Tigh of Shelby county, while contesting his seat in this body. 



42 



RECONSTRUCTION TENNESSEE. 



Report of the Committee on Finance, showing the mileage and per diem allow 
ance of the members of the Senate and House of Representatives at the first 
session of the 34th general assembly, and the aggregate amount of each. 



Names of senators and representatives. 


No. of 

days. 


Per 

diem. 


Miles trav 
elled. 


Mileage. jTotal am t. 


. SENATORS. 
Bnfler, R. R 


71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 


$284 
2M 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 


560 
85 
100 
342 
800 
700 
50 
106 
1,000 
900 
20 
120 
660 
412 
424 


|80 00 

27 20 
16 00 
54 72 
128 00 
112 00 
8 00 
16 96 
160 00 
144 00 
99 20 
19 20 
105 60 
65 92 
67 24 


$373 60 
311 20 
300 00 
338 72 

412 00 

:; .,; i,u 

202 00 
3IK) % 
444 00 
428 00 
383 20 
303 20 
389 60 
349 92 
351 24 


FJoHson, William 


Bowen, Juliu AY 


Gate, A. M 


Cypert, Thomas J 


Case, Almon 


Frazer, Z. W 


Frierson, J. B 


] hirst, Fielding 


Hall, W. K 


Keith, G. W 


Lasater, Robert E . . . 


McKinney, C. J 


MvKUvee, Thomas B 


Muse, Thomas A 


Nun, David A* 


Peart, B. R 


71 
71 
71 
71 
71 
71 
71 


284 
284 
284 
284 
284 
284 
284 


130 

570 
576 
60 
1,000 


20 80 
91 20 
95 36 
9 60 
160 00 


304 80 
375 20 
379 36 

293 60 
444 00 
t .MI 
304 16 


Randolph, J. H 


Senter, D. W C. 


Spence, William 


Smith, J. W 


Trimble, John 


Wisener, W.H 


126 


20 16 


Rodovrs, S. R., speaker 


Vincent, Myers 






620 

200 
100 

88 


99 20 

32 00 
16 00 
14 08 


99 20 

316 00 
3<!0 oo 
298 08 


REPRESENTATIVES. 

Anderson, G. W 


71 
71 
71 


284 

284 
284 


Arnell, S. M 


Barton, William 


]Jmd, William P* . 


Brittle, Gilbert 


71 

71 
71 


284 
284 
284 


90 
560 
126 


14 40 
87 60 
20 16 


298 40 
373 60 
304 16 


Co\vnrt, R. 11 


Conner, Ed 


Crutdifirid, Thomas* 


Copeland, W. J 


71 
71 
33 
71 
71 
30 
71 
71 
71 
71 
71 
71 
15 
71 
71 
71 
71 
71 
71 
71 


284 
284 
132 
284 
284 
120 
284 
284 
284 
284 
284 
284 
60 
284 
284 
284 
284 
284 
284 
284 


390 52 40 


336 40 
2M CO 
22S 00 
380 00 
348 00 
171 20 

373 <;D 
293 60 
3(i3 20 
308 00 

3ii <;o 

379 36 
(111 (10 
312 80 
303 20 
355 36 
322 40 
399 20 
298 40 

I -W QO 


Carter, S. J 


Dillen, Joseph R 


600 
600 
400 
320 
560 
60 
120 
150 
360 
596 


96 00 
96 00 
64 00 
51 20 
89 60 
9 60 

r.i -jo 

24 00 
57 60 
95 36 


Duggan, Wilson 


Donaldson, .1.11 


l)o\\<|v, Rufus 


1 >oiio||tv, .James A 


Elliott, \Y. Y 


Fnson, John A 


Faulkner, Asa 


Gaut, .Jesse II 


Grove, (i. II 


Gillem, A. C 


Garner, W. A 


180 
120 
446 
240 
720 
90 

2f)9 


J- -,. 

19 20 
71 36 
38 40 
115 20 
14 40 
J-; :> 


Gilmer, .Jeremiah 


Gaines, G. W 


Ganvtt, A. K 


Griffith, Samuel H 


Griminrtt, YV. A 


Hood, James R.. 



Did 11 ot take his seat. 



RECONSTRUCTION TENNESSEE. 

Report of the Committee on Finance Continued. 



43 



Names of senators arid representatives. 


No. of 
days. 


Per 

diem. 


Miles trav 
elled. 


Mileage. 


Total am t. 


ITenderson, J. M 


71 


$284 


$418 


66 88 


$350 88 


Herman 5 ! Theodore 


71 


284 


108 


17 28 


301 28 


Hudson, Joseph 

Inman, Charles .. -. .. .... 


71 

17 


284 
68 


50 
600 


8 00 
96 00 


292 00 
164 00 


Jones Turuey 


35 


140 


624 


99 84 


239 84 


Jones, James 


71 


284 


672 


107 52 


3 ( J1 52 


Jcirvis, L. M . . . 


71 


284 


650 


104 00 


388 00 


Fercheval T A 


71 


284 


180 


28 00 


312 80 


Maxwell Thomas 


71 


284 


800 


128 80 


412 00 


McNair, J E 


71 


284 


800 


128 00 


412 00 


INliimis J U 


71 


284 


572 


91 52 


275 52 


Mason, Thomas G 


71 


284 


472 


75 52 


359 52 


Mulloy J. S 


71 


284 


90 


14 40 


298 40 


Mullunix AVilliam 


43 


172 


744 


119 04 


191 04 


Moss, A. W 


71 


284 


36 


5 76 


289 76 


Melton James M 


71 


284 


600 


96 00 


380 00 


Mullins, James 


71 


284 


126 


20 16 


304 16 


Norman, John 


71 


284 


500 


80 00 


364 00 


Nicks A. D 


71 


284 




11 20 


295 20 


Puckett, I. N 


71 


284 


110 


17 60 


301 60 


Porter John 


71 


284 


800 


128 00 


412 00 


Pearson * 












Rogers, Reuben 


71 


284 


606 


96 36 


380 36 


Raulston, R. S 


71 


284 


252 


40 32 


324 32 


Ryder M T 


71 


284 


1 000 


160 00 


444 00 


Richards, P. S 


71 


284 


1 , 000 


160 00 


444 00 


Shultz, J. R 


71 


284 


640 


102 40 


386 40 


Simmons \V 


71 


284 


164 


26 24 


310 24 


Smith, W. J 


71 


284 


1,100 


176 00 


460 00 


Smith, F. A. 


71 


284 


550 


88 00 


372 00 


Steele Abner A 


71 


284 


130 


20 80 


304 80 


Snodderly, A. A 


71 


284 


580 


92 80 


376 80 


Simmerly, E ...... .... ...... 


71 


284 


760 


121 60 


405 60 


Stcagald John 


71 


284 


744 


159 04 


403 04 


Scales, William 


71 


284 


300 


48 00 


:>>:;,> i,t) 


Thornburgh D. G - 


71 


284 


572 


91 52 


:;7:> :,-. 


Tic hc Samuel 




40 


i, ooo 


160 00 


200 00 


Thomas, J. F 


71 


284 


140 


22 40 


306 40 


Thomas, Dorsey 13. 


71 


284 


134 


21 44 


305 44 


Underwood C 


71 


284 


500 


80 00 


364 00 


Williams, Pleas 


71 


284 


774 


123 84 


407 84 


AY ill is, W. W 


71 


284 


660 


105 60 


389 60 


AViunier Joseph 


71 


284 


822 


131 52 


415 52 


Waters, Wallace 


71 


284 


1,196 


191 36 


475 36 


Warren, S. L 


71 


284 


240 


38 40 


322 40 


"Waters \Viison L 


71 


284 


90 


14 40 


298 40 


AViues, William 


71 


284 


130 


20 80 


304 80 


Woodcock, W. M 


71 


284 


150 


24 00 


308 00 


Wright William 


71 


284 


52 


8 32 


292 32 


"Woods James 












Walker, John P 


71 


284 


370 


59 20 


343 20 


Woods, W. W 

























Did not take his seat. 



WILLIAM HEISKELL, 



Passed June 10,1865. 



Speaker of the< House of Rrprcsetitutint. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 



44 RECONSTRUCTION TENNESSEE. 



CHAPTER XXXVII. 

AN ACT to change the eleventh, twelfth, and fourteenth judicial circuits of this State, and 

for other purposes. 

SEC. 1. Be it enacted by the, general assembly of the State of Tennessee, That the counties of 
AVaviie, Hickmau, Perry, Decatur, Henderson, McNairy, and Hardin shall compose the 
twelfth judicial circuits; that the counties of Lawrence, Giles, Maury, Lewis, and Marshall 
shall compose the eleventh judicial circuit; arid that the circuit courts in the county of Law 
rence shall hereafterbe held on the fourth Mondays in February, June, and October, and 
that the counties of J lay wood, and Madison shall be attached to the fifteenth circuit; and 
the fourteenth judicial circuit is hereby abolished. \ 

SEC. 2. Be it further enacted, That hereafter the circuit courts for the twelfth circuit shall 
be holden as follows: In Henderson county, first Mondays in March, June, and September; 
McNairy, second Mondays in March, June, and September; Hardiu, third Mondays in 
March, June, and September; Wayne, fourth Mondays in March, June, and September; 
Hickmsn, fourth Mondays in April, July, and October; Decatur, first Mondays in May, 
August, and November. 

SEC. 6. Be it further enacted, That this act shall take effect from the date of its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. ROGERS, 

Speaker of the Senate. 

Passed June 10, 1865. 



Private acts. 
CHAPTER I. 

AN ACT for the benefit of J. G. Frazier, clerk of the supreme court for the middle district 

of Tennessee. 

Be it enacted by the general assembly of the State of Tennessee, That the treasurer of the 
State of Tennessee pay to J. G. Frazier the sum of two hundred dollars, out of any money in 
the treasury not otherwise appropriated. This act to take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 1, 1865. 



CHAPTER IL 

AN ACT to incorporate the East Tennessee Iron, Coal, and Petroleum Company. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That John Cald 
well, John Baxter, W. R. Patterson, L. S. Trowbridge, and R. H. Armstrong, and their 
associates, successors, and assigns, be, and they are hereby, constituted a body politic and 
cm porn h, by the name and style of the East Tennessee Iron, Coa), and Petroleum Company, 
and by that name shall have succession for ninety-nine years, and shall be competent to sue 
and be sued in any court of equity or law whatever: to have and use a common seal, and M 
alter the same at pleasure: to establish and change any by-laws for the government of said 
company ; to purchase, hold, and dispose of such real estate, leases, mines, minerals, iron, 
coal oil, and personal property, as may be necessary for the legitimate transaction of their 
business; to mine, forge, roll, smelt, work, manufacture, refine and vend said minerals, coal, 
iron, oil, and products thereof, and issue such numbers of shares of the stock of said com 
pany, at the representative par value thereof, as may be ordered by a vote of said company, 
to determine the par value of shares, and have the right to pay in shares of stock of the cor 
poration for such mining interest or interests in all real estate, as may be necessary to pur 
chase or lease for the operation of the works of the company; and generally to have, enjoy, 
and exercise all rights and privileges incident to corporations, except the right to issue notes 
or engage in banking. 

SEC. 2. Be it further enacted, That whenever said company shall become possessed or 
mines or minerals, lands or leases, iron, coal or petroleum, or leases, situated in this State, or 
elsewhere, a separate and distinct interest of each mine, bed, field, vein, or deposit, or lease, 



RECONSTRUCTION TENNESSEE. 45 

may be created under some name to distinguish the same, and in like manner may organize 
under and enjoy, as a distinct branch interest, all the rights and privileges named in the first 
section of this act. 

WILLIAM HEISKELL, 
Speaker of the House of flcpresentiit ives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 12, 3865. 



CHAPTER III. 

AN ACT to incorporate the Raulstou Oil and Salt Company. 

SECTION 1. Beit enacted by the general assembly of the State of Tennessee, That Hugh L. W. 
Raulston, George F. Smith, D. H. Throup, J. M Judson, Samuel Canby, D. T. Cockrill 
S. H. Judson, Charles 13. Ingles, and R. S.JJaulston, and their associates, successors and 
assigns, be, and they are hereby, constituted a body corporate and politic, by the name and 
style of the "Raulston Coal, Iron, Oil and Salt Company," and by that name and style 
shall have succession, with power to contract and be contracted with, sue and be sued in 
that name in all courts and places ; to have a common seal; to engage in mining and boring 
for petroleum or rock oil, salt water, and other valuable minerals ; and with manufacturing, 
refining, and selling oil, salt, and other products of said business, and of the lands owned, 
or which may hereafter be owned by them, in this State; to hold their meetings, and trans 
port and self their oil, salt, and other products, within or without the State, and to have all 
other powers needful and proper for the successful prosecution of the business, and for the 
execution of the power herein granted. 

SEC. 2. Beit further enacted, That said corporation may organize said company by the 
appointment of a president, and such other officers and managers as they may deem neces 
sary, at such times and places as they may designate by notice previously given, and when 
thus organized, the said company shall have power to mak^e such by-laws, rules and regula 
tions as they may deem necessary from time to time for the government and prosecution of 
the business of said corporation, not inconsistent with (he Constitution and laws of the 
United States and of this State. 

SKC. o. Be it further enacted, That the capital stock of said company shall be two hun 
dred and fifty thousand dollars, and that said company shall have power to increase the same, 
from time to time, not exceeding one million dollars. 

SEC. 4. Be it further enacted, Tha t said company may buy, lease, or rent, any suitable 
lands, mines, oil, or salt rights and privileges, rights of way, and other property necessary 
for tbeir business, and may dispose of the same, or any portion of it, by sale or otherwise. 
They may receive real estate, households, mining, and boring rights, and rights of way, in 
payment of such part of subscription as they may deem advisable. Said company may erect 
and build on any of the lands such buildings, engines, machinery, and fixtures, as may be 
deemed convenient and proper for carrying on arid conducting the business of said corpora 
tion. 

SEC. 5. jBe it further enacted, That this charter shall expire or cease at the expiration of 
ninety-nine years after its passage, and the right to repeal, alter, or amend this charter, is 
reserved to the general assembly. 

SEC. 6. Be it further enacted, That this corporation shall be subject to such taxes as may 
be imposed upon similar corporations in this State. 

SEC. 7. Be it further enacted. That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representative*, 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed May 25, 1865. 



CHAPTER IV. 

AN ACT to develop the various oil and mineral interests of the State of Tennessee, and 

for other purposes. 

SEC. 1. Be it enacted by the general assembly of the State of Tennescc, That D. C. Trewhitt, 
James R. Hood, Thomas W. Yarley, P. M. Ferringtou, John A. Spooner, A. A. Pearson, 
Edward S. Jones, William E. Merrill, George D. Emerson, and Freeniorton^Young, who 
now constitute a voluntary association under the name and style of "The East Tennes 
see Petroleum Company," and their successors, be, and are hereby, incorporated a body 
politic, under the name and style of "The East Tennessee Petroleum Company," under and 



46 RECONSTRUCTION TENNESSEE. 

by which name said body politic shall transact its business, and by which name said corpo 
ration shall be known, sue and be sued, plead and be impleaded, and shall have a common 
seal. 

SEC. 2. Beit further enacted, That said corporation, as such, is hereby freely authorized 
and empowered to acquire by lease or purchase any and all such lands and mineral interests 
for the purpose of raising, producing, and manufacturing petroleum, coal, iron, salt, silver, 
copper, and any and every other valuable mineral within the State of Tennessee and such 
other places as said company may deeui to their interest: and do and perform any and all 
such other acts and things as may be necessary and expedient to prosecute successfully the 
business of said corporation. 

SEC. 3. Be it further enacted, That said company shall also have power, for the government 
of said company and its business, to elect one president and such other officers as said com 
pany may desire and deem expedient, and prescribe their qualification and term of office. 

SEC. 4. Be it further enacted, That the principal office of said company shall be at Chatta 
nooga, with power vested in the company to establish such branches at "such other places as 
they may direct, and also to change the principal office of the company at such time and to 
such other place as the directors or th company may desire. 

St:c. 5. Be it further enacted, That the capital stock of said company shall be one million 
dollars, divided into one hundred thousand shares of ten dollars each. This company shall 
have and is hereby invested with power to make such by-laws, rules, and regulations, con 
sistent with the charter, as they may see proper for the government and control of the com 
pany. The company has power to reopen books for subscription and sale of stock, and 
other purposes, at such times, places, and manner as the directors may direct, and may make 
such sales and transfers of stock as the directors of the company may direct. 

SEC. 6. Be it further enacted, That this company shall have power to increase the capital 
stock of the company to any amount, and at any time the company may desire to do so, to 
the extent of five million dollars. 

SEC. 7. Be it further enacted, That this corporation franchise and privilege shall continue, 
be, and exist for the period of ninety-nine years to the persons above named as incorporated 
and their successors. 

SEC. 8. Be it further enacted, That the property and effects and vested rights of the several 
parties herein incorporated as they exist under said voluntary association are hereby trans 
ferred to and secured to this corporation. 

SEC. 9. Be it further enacted, That the stockholders are, jointly and severally, individually 
liable, at all times, for all moneys due and owing to their laborers, employes, and appren 
tices, for services performed for such corporation. 

SEC. 10. Be it further enacted, That this corporation shall be subject to such taxes as may 
be imposed on similar corporations. 

SEC. 11. This act to take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Erprtsentat ires. 
SAMUEL II. RQDGEB8, 

Speaker of the Senate. 

Passed May 30, 1865. 

CHAPTER V. 

AN ACT to incorporate the Bridgeman Oil and Salt Company. 

SECTION 1 . Be it enacted by the. general assembly of the State of Tennessee, That Benjamin F. 
Bridgem&n, David Clege. and their associates, successors and assigns, be, and they are 
hereby, constituted a body corporate and politic, by the name and style of " Bridgeman Coal 
Oil and Salt Company," and by that name and style shall have succession for ninety-nine 
y< ftra, \vith power to contract and be contracted with ; sue and be sued in that name in all 
(.units and places ; to have a common seal ; to eno-age in mining and boring for petroleum or 
rock oil, salt water, and other valuable minerals, and in the manufacturing, refining, pre- 
paiing fur market, transporting and selling oil and salt, and other products of said biu 
niid of the lands now owned or which may hereafter be owned by them in this State ; to hold 
their meetings and transport and sell their oil, salt and other products within or without the 
State ; and to have all other powers needful and proper for the successful prosecution of their 
business and for the execution of the powers Jieiein granted. 

SEC. 2. Be it further enacted, That said corporation may organize said company by the ap 
pointment of a President and such other officers and managers as they may deem necessary 
at such time and place as they may designate by notice previously given ; and when ilia s 
orpmi/ed, the said company shall have power to make such by-laws, rules, and regulations 
as thev may deem necessary from time to time for the government and prosecution of the 
business oi said corporation, not inconsistent with the Constitution and laws of the United 
States and of this State. 



RECONSTRUCTION TENNESSEE. 47 

SEC. 3. Be it further enacted, That the capital stock of said company shall be two hundred 
and fifty thousand dollars, and said company shall have power to increase the same from time 
to time, uot exceeding one million of dollars. 

SEC. 4. Be it further enacted, That the said company may buy, lease, or rent any suitable 
lands, mines, oil and salt rights and privileges, rights of way, and other property necessary 
for their business, and may dispose of the same, or any portion of it, by sale or otherwise. 
They may receive real estate, leaseholds, mining and boring rights, and rights of way, in pay 
ment of such part of subscriptions as they may deem advisable. Said company may erect 
and build on any of their lands such buildings, engines, machinery, and fixtures as may be 
deemed convenient and proper for carrying on and conducting the business of said corporation. 
SEC. 5. Be it further enacted, That this charter shall expire at the expiration of ninety-nine 
years from its passage, and that the right to repeal, alter, or amend this charter is reserved to 
the general assembly. 

SEC. 6. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 30, 1865. 

CHAPTER VI. 

AN ACT to charter the Tennessee Express Company. 

SEC. 1 . Be it enacted by the general assembly of the State of Tennessee, That A. Blizard, M. L. 
Phillips, G. W. Ross and their associates, are hereby incorporated as a body politic and in 
corporate, under the name and style of the "Tennessee Express Company," for the pur 
pose of carrying and shipping goods, wares, and merchandise, letters and private matter, 
money, or anything else which may be desired of said company to carry, ship, or transport 
on any railroad or railroads in the State of Tennessee or elseAvhere. 

SEC. 2. Be it further enacted, That the capital stock of said company shall be ten thousand 
dollars, more or less, as may be necessary to carry out the object of said company, and one 
hundred dollars shall constitute one share of stock in said company ; and so soon as said 
sum of ten thousand dollars shall have been subscribed, the company may meet at such time 
and place as they may deem proper, for the purpose of electing a president, secretary, and 
treasurer, who shall forever thereafter hold their offices for one year and until their successors 
are elected and qualified ; and by that name shall be capable in law and equity of purchasing, 
holding, selling, leasing, and conveying estate, real, persona,!, and mixed, so far as the same 
may be necessary for the purposes of said corporation to carry on and conduct the business 
of said company to the advantage of the stockholders ; and by "that name may sue and be 
sued and plead and be impleaded, and shall exercise all the powers, rights, privileges, and 
immunities which other corporate bodies may lawfully do for the purposes mentioned in this 
act. 

SEC. 3. Be it further enacted, That the officers mentioned in the second section of this act 
shall be elected by the stockholders of the company, and each stockholder shall be entitled 
to cast one vote in person or by proxy for each share of stock owned by him ; and the presi 
dent, secretary, and treasurer shall be stockholders of said company ; and the company shall 
have power to make such by-laws and rules as they may deem proper for the government of 
the company and the business thereof, not inconsistent with the constitution and laws of this 
State or of the United States, and shall also have power to use a common seal, audto alter 
or change the same at pleasure. 

SEC. 4. Be it further enacted, That it shall be the duty of said company to keep all such 
books as may be necessary for the transaction of its business ; and all transfers of stock by 
any stockholder shall be made upon the books of said company, for the inspection of all the 
stockholders, and a majority of all the stockholders, including the president, at any meeting, 
shall be competent to act and transact the business of the company. 

SEC. 5. Be it further enacted, That said company shall be deemed and held liable for any 
loss or damage caused by the negligence, carlessuess, or wilful misconduct of the same, or 
any of its officers, agents, or employes, to be recovered by any person aggrieved thereby. 

SEC. 6. Be it further enacted, That it shall be the duty of said company to carry and con 
vey all goods, wares, aud merchandise and packages received by them for shipment, in the 
turn in which the same was received by them, and in default thereof, and loss or damage is 
sustained by the owner of the same, said company shall be held liable for such injury : Pro 
vided, Such delay or irregular shipment was not caused by the request of the owner of said 
goods or packages or his agent. And said company or agents shall receipt the owner for all 
goods or packages whatever when received. 

SEC. 7. Be it further enacted, That nothing in this act shall be so construed as to give 
banking privileges to said company. 



48 RECONSTRUCTION TENNESSEE. 

SEC. 8. Be itfurther enacted, That the right to alter, change, or repeal this act is hereby 
reserved to any subsequent legislature. 

SEC. 9. lie it further enacted, That this act take effect from and -after its passage. 

WILLIAM IIEISKELL, 
Speaker of tfie House of Representatives. 
. SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 3, 1865. 



CHAPTER VII. 

AN ACT to incorporate the Memphis Ladies Institute, of Memphis, Tennessee. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That J. D. 
Williams, Mrs. F. P. McGehee, and Mrs. M. P. Southworth be, and they are hereby, 
constituted a body corporate and politic, under the name and style of "The Memphis 
Ladies Institute, of Memphis, Tennessee," and shall have succWsion for a period of ninety- 
nine vears, unless said corporation is sooner dissolved ; and shall have all the powers and in- 
subject to all the obligations and restrictions incident to private corporations, as provided in 
article 4, chapter 2, and title 9, of the code of laws of the State of Tennessee. 

SEC. 2. Be it further enacted, That said corporation is hereby .authorized to confer such 
literary honors and degrees as are usually conferred by the colleges and universities of the 
United States, and in testimony thereof to grant diplomas under the seal of said corporation : 
I rnridcd, This power and authority shall be under legislative control. 

SEC. :^. Be. it further enacted, That in said institution, and in all literary societies con 
nected therewith, the Bible shall be the standard of morals, and no officer or teacher shall 
use his or her influence for sectarian or party ends or purposes. 

SEC. 4. Be itfurther enacted, That this act shall take effect from and after its passage. 

WILLIAM IIEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 5, 18C5. 



CHAPTER VIII. 

AN ACT to incorporate the Tennessee Colonial Company, for the purpose of promoting 
emigration, to establish vineyards, develop the mineral and other resources of the State 
of Tennessee. 

SECTION ] . Be it enacted by the general assembly of the State of Tennessee, That George M. 
Mow bray, of Titusville, Pennsylvania; George Wade, of the city of New York; Henry 
Wise, of New Jersey; A. B. Shanklin, and Dr. Hudson of the city of Nashville, Tennessee, 
and their associates and successors, be, and they are hereby, created a body politic and cor 
porate, by the name and style of the "Tennessee Colonial, Agricultural, Mining, and Man 
ufacturing Company ;" and by that name shall have succession for ninety-nine years, sue 
and be sued, plead and be impleaded, and generally to do every act and thing necessary and 
proper to carry out the provisions of this act, and promote the objects and designs of this 
corporation, 

!<i:r. 2. Be itfurther enacted, That the capital stock of said company shall be two hundred 
thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, 
to be divided into shares of fifty dollars each, and the persons above named shall open books 
tor the subscription of stock, and when fifty thousand dollars shall have been subscribed the 
stockholders may meet and elect five directors, and said directors shall elect one of their 
number president, and also a secretary. 

Sr.c. a. Be it further enacted, That the officers of said company shall be managed by a 
board of directors, consisting of not less than five stockholders, and such agents and officers 
as they may appoint. The president and secretary shall be elected annually by the directors, 




and laws of the State of Tennessee. 

SEC. 4. J{< it Jnrtlur niact.d, That the s>iid company shall have full power to purchase, 
hold, and dispose of real estate, lease lands, and do all that is necessary for the welfare and 
promotion ot the Tennessee Colonial, Agricultural, Mining, and Manufacturing Company, 
viz: That said company may raise vineyards and do a general mining, boring, and man 
ufacturing business on lauds owned and leased by said company, to mine, bore, forge, roll, 



RECONSTRUCTION TENNESSEE. 49 

smelt, manufacture, transport, and vend in wines, minerals, coal, iron, salt, oil, &c. The 
land to be held by the company shall form a common stock, and shall be divided into 
shares of fifty dollars each, and apportioned by the said company among the owners and 
subscribers of said stock according to their respective interests. 

SEC. 5. B! it further enacted, That the officers and stockholders of said company and 
those emigrating on their lands shall enjoy all the rights, privileges, and protection guaran 
teed by the State of Tennessee under the Constitution of the United States. 

WILLIAM J1KISKELL, 
Speaker of the House of Representatives, 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 5, 18G5. 



CHAPTER IX. 

AN ACT to incorporate the Cairo and New Orleans Pilots Benevolent Association. 

Whereas a number of steamboat pilots, engaged in the navigation of the Mississippi 
river, have formed an association for the laudable purpose of increasing the skill and inform 
ation, improving the character and habits, and promoting the interests of all those pilots 
intrusted with the control and safety of steamers and other vessels ; and 

Whereas the immense and increasing commerce and navigation of the said river demands 
that suitable legislative encouragement should be given by this general assembly to intelli 
gent and judicious efforts to lessen the dangers of the transportation of persons and property 
upon the said river ; and 

Whereas the intrusting of the vessels used in said navigation only to the care of sober, 
attentive, skilful, and experienced pilots, who have had a regular and thorough training 
in the business, would greatly tend to enhance the security of life and property constantly 
at risk on the steamboats and other vessels plying upon the western rivers : Therefore, in 
order to further the objects and encourage the efforts of an institution so useful and praise 
worthy as the above-named association, and to give efficiency, perpetuity, and dignity to the 
same 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That Harrison 
Blasdel, J. W. Pittman, James D. Perry, Green S. Snow, F. B. Montany, James W. 
Sayers, William Huston, W. C. Page, Garrison Wasson, James C. Rhoads, W. A. Wilds, 
W. A. Ffale, and their associates and successors, are hereby created a body corporate and 
politic, by the name and style of the "Cairo and New Orleans Pilots Benevolent Associa 
tion ;" and by that name shall have succession for a period of twenty years, and shall be 
capable of sueing and being sued, both at law and in equity, in all courts and places what 
soever; and that they and their successors may have a common seal, and may alter, change, 
or destroy the same at will ; and shall also be capable of acquiring, holding, conveying, 
and pledging property, real, personal, and mixed, as may be required for the purpose of the 
association. 

SEC. 2. Be it further enacted, That said corporation shall have power to make a consti 
tution and by-laws, and to alter, change, or annul the same at pleasure, in whole or in part : 
Provided, That nothing therein contained shall be repugnant to the constitution and laws 
of this State or of the United States. 

SEC. 3. Be it further enacted, That said corporation shall have power to erect a hall and 
buildings suitable for its uses ; to purchase, own, and enjoy a good library, philosophical, 
chemical, and other apparatus, and such things as may be calculated to advance the objects 
contemplated by this charter, which shall be exempt from taxation ; to procure the delivery 
of lectures; to found and maintain a school; to grant diplomas, and to withdraw and annul 
the same; to impose fines upon its members for the breach of any of the provisions of the 
constitution or by-laws of this association ; to levy contributions upon members ; to create 
a fund to be applied to the relief of indigent or distressed members, or their families, and to 
the other objects named in this section ; to censure, suspend, fine, or expel a member, for 
any good cause, calculated to bring discredit upon said association ; and generally to do all 
such other good things as may be necessary to carry out the objects of this association. 

WILLIAM HE1SKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 5, 1865. 

4 T 



50 RECONSTRUCTION - TENNESSEE. 

CHAPTER X. 

AX ACT incorporating the Great Southwestern Oil and Mining Company. 

SECTION 1 . Be it enacted by the general assembly of the State of Tennessee, That James 
W. Milroy, William Glenny, Shela Waters, James G. Pratt, Benjamin Gonzales, and their 
associates, successors, and assigns, be, and they are hereby, constituted a body politic and 
corporate, by the name and style of the "Great Southwestern Oil and Mining Company," 
and by that name and style shall have succession for ninety-nine years, and shall be compe 
tent to sue and be sued in any court of law or equity whatever ; to have and use a seal, and 
alter the same at will: to make and change any by-laws necessary for the government of the 
company ; to purchase, hold, and dispose of such real estate, leases, mines, minerals, iron, 
coal, oil, and personal property as may be necessary for the legitimate transaction of their 
business ; to mine, forge, roll, smelt, work, manufacture, refine, and sell said minerals, coal, 
iron, oil, or other products thereof, in or out of this State, and issue such number of shares 
of stock of said company at the representative par value thereof, as may be ordered by a vote 
of said company ; to determine the par value of shares, and have the right to pay in shares 
of stock of the corporation for such mining interests in real estate or machinery for manufac 
turing as may be necessary to purchase or lease for the successful management of the business 
of said company ; and generally to have, enjoy, and exercise all rights and privileges inci 
dent to corporations, except the right to issue notes or engage in banking. 

SEC. 2. Be it further enacted, That whenever said company shall become possessed of 
mines, minerals, lands, or leases, situated in this State or elsewhere, a separate and distinct 
interest of each mine, lead, field, lien, deposit, or lease, may be created under such name as 
may be adopted, to distinguish the same, and in like manner may organize under, and enjoy as 
a distinct branch interest, all the rights and privileges named in the first section of this act. 

SEC. 3. Be it further enacted, That this act shall take effect from and after its paoMge. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL E. RODGERS, 

Speaker of the Senate. 

Passed June 5, 1865. 

CHAPTER XL 

AN ACT to change a railroad fund into a county fund, for Blount county. 

Whereas an act was passed by the general assembly of the State of Tennessee, on the 
27th of January, 1854, to authorize the county court of Blount county, through their chair 
man, to subscribe stock to the Kuoxville and Charleston Railroad Company, and levy a tax 
on said county to pay the same on certain conditions ; and 

Whereas the county court of said county, in good faith, did subscribe said stock, and 
levy said tax, and proceed to collect the same, to the amount of eight or ten thousand dollars, 
in the years 1855, 1856, 1857, and 1858, and the same was cpllected and paid over to the 
countfy treasurer, as provided by said act ; and 

Whereas the railroad company failed to cany out the provisions of said act, as specified 
therein, the courts of said county did then proceed to loan said fund, which was done, taking 
notes with approved security ; and 

Whereas said fund is still lying in said condition, and likely to be lost, or a portion ot it : 
Therefore 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the Kind 
as set forth in the foregoing preamble, collected under the act as set forth, may be changed 
from the railroad fund into a county fund, for the use and benefit of Blount county, and to be 
under the control and management of the county court of Blount county as a general county 
fund. 

SEC. 2. Be it further enacted, That it shall be the duty of the county court of Blount county, 
at the first quarterly term after the passage of this act and a certified copy of the same being 
present to appoint or elect a suitable person to collect said fund, in the name of the chair 

bor 



man of said county court, according to the face of the notes, as executed by the parties 
wing said fund, which notes are now in the hands of the trustee of said county. 
SEC. 3. Be it further enacted, That it shall be the duty of said county court to require suc 



row 

h 

person so appointed or elected to give bond and approved security for his faithful perform 
ance in the collection and paying over said fund into the county treasury, as other county 

!SEC. 4. Be it further enacted, That the county court of said county allow said collector a 
reasonable allowance for his services, not to exceed six per cent, on the amount collected. 

SEC. 5. Be it further enacted, That it shall be the duty of said court to require the trustee 
of said county to give bond and approved security for the faithful keeping and paying over 
said fund, according to the order of said court. 



RECONSTRUCTION TENNESSEE. 51 

SEC. G. Be it further enacted, That nothing in this act shall be construed so as to interfere 
with the original act passed on the 27th day of January, 1854. This act is only intended to 
change that part of the fund collected under the said act and paid into the treasury of Blount 
county in the years of 1855- 6- 7- 8, and no further. 

SEC. 7. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Kepre.scntatitcs. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 5, 18G5. 



CHAPTER XII. 

AN ACT to incorporate the Tennessee Fire and Marine Insurance Company. 

SECTION]. Beit enacted ly the general assembly of the State of Tennessee, That B. W. 
Sharp, Rual Hough, James E. Murryman, John W. Lefhvick, Calvin Kelsey, L. Helman, 
and Frank Taff, of the city of Memphis, together with those who may hereafter become 
stockholders, as hereinafter provided for, arc hereby created a corporation and body politic, 
by the name and style of the president and directors of the " Tennessee Fire and Marine 
Insiirance Company," and shall continue from the first day of May, 1865 ; and by that name 
are hereby made capable and able at law to have, purchase, receive, possess, and enjoy, re 
tain, and control, to them and their successors, lands, tenements, rents, goods, chattels, and 
effects, to an amount not exceeding two hundred thousand dollars, and the same to sell, con 
vey, and dispose of; to sue and be sued, to plead and be impleaded, answer and be answered, 
defend and be defended, in all courts and places in this State or elsewhere ; may make and 
use a common seal, and the same to break, alter, or_ renew at will ; to ordain, establish, and put 
into execution such by-laws, ordinances, and regulations as shall be deemed necessary and 
convenient for the government of said corporation, not contrary to the laws of this State, and 
generally to do all acts and things that a corporation may lawfully do. 

SEC. 2. That the persons named in the first section of this act, or a majority of them, 
shall open books of subscription for the stock in said company, which stock shall consist of 
two thousand shares of one hundred dollars each, payable in the lawful currency of the 
United States, and at the time of subscribing they shall have the right to demand and receive 
twenty dollars on each share subscribed for, and have secured the residue to the satisfaction 
of the corporation, payable in six and twelve months, which obligations may be renewed 
from time to time, either in whole or in part, or for such portion thereof as the president and 
directors of the company shall determine ; and it shall be the duty of the president and 
directors to give at least thirty days notice of .any call which they may make for the pay 
ment of the capital stock so subscribed ; and if any stockholder shall fail to meet said call, 
or to secure the payment of the remainder as aforesaid, it shall be lawful for the president 
and directors to sell such delinquent s shares, and transfer the same to the purchaser, or 
declare the same forfeited to the company, together with all previous payments thereon. 
No transfer of stock shall be deemed valid arid complete so long as the person transferring 
the same shall be indebted to the said company, until the amount tor which he is indebted 
to the said company is secured to the satisfaction of the president and directors thereof, and 
the stock of every stockholder shall be held as collateral security for the payment of 
whatever sum he may be indebted by notes or otherwise to said company. 

SEC. 3. That the share or stockholders shall meet at the place of opening the books for the 
subscription of stock in said company on the first day of August, 18G5, and at the office of 
the company on the first Monday of August in each succeeding year thereafter, and elect a 
president, vice-president, and seven directors, who shall continue in office until the first 
Monday in August of each ensuing year, and until their successors shall have been elected, 
of which said election previous notice shall be given in a newspaper printed in the city of 
Memphis for at least two weeks previous to said election. Any vacancy that may occur in 
the board of directors shall be filled by the president and directors until the next annual 
election. No person shall be a director who is not the owner of at least ten shares of the 
capital stock. 

SEC. 4. That in all elections by the stockholders each share to the number of five shall be 
entitled to one vote, and every ten shares in addition shall entitle the holder to one addi 
tional vote ; that no person who is not a resident of the State of Tennessee shall have the 
right to vote at any election for president and directors unless he shall have been the holder 
or owner of stock at least six months previous to such election by a regular transfer upon 
the books of the company ; but shares may be voted upon by the executors or adminis 
trators of a deceased owner and by proxy. 

SEC. 5. That the president and directors for the time being may and shall have power to 
appoint such officers and agents under them at such places as shall be necessary for 
executing the business of said company, and to allow such compensation therefor as may be 
agreed upon, and to require and take bond and security for the faithful performance and 



52 RECONSTRUCTION TENNESSEE. 

discharge of their respective duties and trust ; and the said president and directors shall 
have power to make by-laws and ordinances to govern the corporation, and may repeal, 
alter, and amend the same. The president and three directors shall constitute a quorum to 
do business, or five directors in the absence oi the president, one of whom shall be vice- 
president, may do and nerfonn all such acts as might be done and performed by the presi 
dent and the quorum aforesaid. 

SEC. 6. That the president and directors for the time being shall have power and 
authority in the name of the company to make insurance at such rate of insurance premium 
or interest as may be agreed upon by the parties, npon buildings, machinery, manufac 
turing establishments, goods, wares, and merchandise ot every description, of all classes and 
qualities of property transported by land or water in the United States ; also to make 
insurance on steamboats and other water-craft used for transportation of gopds, wares, and 
merchandise therein contained and to be transported or shipped, and to make all such 
proper contracts for the insurance of other valuable property as may be embraced within the 
name of personal property, and all such contracts shall be in writing or printed, and shall 
be made by the authority of the company, by and through their proper and legally 
constituted officers and agents appointed for that purpose. 

SKC. 7. It shall be the duty of the president and directors on the first Monday of August 
and March in each year to make a dividend of so much of the profits of said corporation as 
to them or a majority of them shall Appear advisable ; and in any case of loss or losses, whereby 
the capital stock of the corporation shall be impaired or lessened, no subsequent dividend 
shall be made until a sum equal to such diminution, arising from the profits of said corpora 
tion, shall have been added to the capital stock of said corporation. 

SEC. 8. Said corporation shall not commence business to the making or issuing of any 
policies of insurance until two hundred shares are subscribed and paid for, or secured to be 
paid, as provided for in the second section. 

SEC. 9. That whenever said company shall be notified of any loss sustained which may 
be covered by any policy of insurance granted or issued by the same, it shall be the duty of 
said corporation to pay the amount so lost or insured in such policy within sixty days after 
being so notified : Provided, There shall have been no violation of the condition of the 
policy on the part of the insured. 

SEC. 10. Said corporation shall be subject to such tax as may be imposed on similar cor 
porations. 

SEC. 11. Be it enacted, That John Wilson, Anson Nelson, John Lumsden, and David C. 
Love, and their associates, shall be and are hereby declared a body politic and corporate by 
the name and style of the State Insurance Company of Nashville, and by that name shall be 
intrusted with all the powers, rights, privileges, and emoluments conferred upon the Ten 
nessee Marino and Fire Insurance Company of Memphis. 

SEC. 12. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 



Speaker of the House of Represcntaticcs. 
SAMUEL R. RODGJ 



GERS, 
Speaker of the Senate. 
Passed June 5, 1S65. 

CHAPTER XIII. 

AN ACT to incorporate a literary society of Nashville, known as the "Agnomen Club." 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That a society 
of young men of the city of Nashville, organized in March, 1865, and known as the "Agno 
men Club," having for its object the general promotion of the arts, literature, science, and 
the amateur drama, as well as the moral improvement of its members, be incorporated under 
the name of the "Agnomen Club." 

SEC. 2. Be it further enacted, That said club shall make such rules and by-laws for the 
regulation of its business and the conduct of its members as it may see fit, not conflicting 
with the laws of the State or the city of Nashville. 

SEC. 3. Be it further enacted, That said club shall be empowered to give such amateur 
dramatic entertainments, open to the public at such times and places as may be designated 
by its members, not inconsistent with the laws of the State or city of Nashville. 

SEC. 4. Be it further enacted, That nothing in this act shall be so construed as to give to 
the club so incorporated the privilege of public exhibition for money, unless they shall first 
pay the tax, as now provided by law, for exhibitions of a similar character. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June C, 18G5. 



RECONSTRUCTION TENNESSEE. 



CHAPTER XIV 

AN ACT to authorize and instruct the comptroller of he treasury to audit, and tho treasurer 
to pay, the salary due the lion. Samuel D. Frierson, chancellor. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the comp 
troller of the treasury shall audit, and the treasurer of the State shall pay, the quarterly 
salary due on the 4th March, 1862, and on the 4th day of June, 1862, to the Hon. Samuel 
D. Frierson, chancellor of the fourth chancery division of the State, because of the same 
never having been paid, and because of his well-established loyalty to the government of the 
United States and to the State of Tennessee. 

WILLIAM HEISKELL, 
Speaker of the House of Representatitcs. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 6, 1865. 



CHAPTER XV. 

AN ACT to amend an act passed on the 26th of February, 1858, entitled "An act to charter 
the Cleveland and Ducktown railroad." 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the charter 
granted to the Cleveland and Ducktown Railroad Company, by an act of the legislature of 
the State of Tennessee, passed on the 26th day of February, 1858, be so amended that the 
following named persons be appointed commissioners of said company, instead of those per 
sons therein mentioned, to wit : Thomas H. Galloway, William M. Biggs, Samuel Parks, 
N. L. Foute, James Gamble, W. H. Craigmiles, John F. Hayes, Julius E. Raht, Simeon 
E. Browder, William P. Copeland, Pleasant M. Craigmiles, D. C. McMillen, John B. Cate, 
Ake. Henry, Y. J. Esterbrook, A. P. McClay, L. McLeod, and G. Greer, and they are 
hereby constituted and appointed a board of commissioners, seven of whom shall be au 
thorized and competent to act and transact business, and said commissioners and company 
are clothed with the same rights, powers and privileges, and immunities, which are granted 
in said charter, of which this is an amendment, and said commissioners shall appoint a time 
for the stockholders to meet, at such place as they may designate, for the purpose of electing 
a president and ten directors to manage the affairs of said company. 

SEC. 2. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of jhe House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 6, 1865. 



CHAPTER XVI. 

An act to incorporate the Nashvil.e Barbers Association. 

Whereas the barbers of Nashville have formed an association for the aid of its members 
in case of sickness, and for the improvement of its members in virtue and knowledge : 
Therefore 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That Frank 
Parrish, Nelson Walker, D. S. Lapsley, E. Woods, and their associates, be, and are hereby, 
incorporated under the name of "The Nashville Barbers Association," for the benevolent 
purposes aforesaid, and have a seal, right to sue and be sued, and such powers as may be 
necessary and proper to carry into effect the end for which this charter is granted, for the 
term of ten years, subject to amendment or repeal by any future legislature. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 6, 1865. 



54 RECONSTRUCTION TENNESSEE. 



CHAPTER XVJI. 

AN ACT to incorporate the Tennessee Oil, Mining, and Manufacturing Company, and for 

other purposes. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That John D. 
Thomas, Joseph S. Fowler, Wilson L. Waters, William L. White, and their associates, suc 
cessors, and assigns, be, and they are hereby, constituted a body politic and corporate, by 
the name and style of the " Tennessee Oil, Mining, and Manufacturing Company," and by 
that name and style shall have succession for ninety-nine years, and shall be competent to 
sue and be sued in any court of law or equity whatever; to have and use a seal, and alter 
the same at will ; to make and change any by-laws for the government of the company ; 
to purchase, hold, and dispose of such real estate, lease, mines, minerals, iron, coal, oil, and 
personal property, as may be necessary for the legitimate transaction of their business; 
to mine, forge, roll, smelt, work, manufacture, refine, and sell said minerals, coal, iron, oil, 
or other products thereof, in or out of the State, and issue such number of shares of the 
stock of said company, at the representative par value thereof, as may be ordered by a vote 
of said company ; to determine the par value of shares, and have the right to pay in shares 
of stock of the corporation for such mining interest in real estate or machinery lor manufac 
turing purposes as may be necessary ; to purchase or lease for the successful operation of 
business engaged in ; and generally to have, enjoy, and exercise all rights and privileges 
incident to corporations, except the right to issue notes or engage in banking. 

SEC. 2. Be it further enacted, That whenever said company shall become possessed of 
mines, minerals, lauds, or leases, situated in this State or elsewhere, a separate and distinct 
interest of each mine, lead, field, lien, deposit, or lease, may be created under such name as 
may bo adopted to distinguish the same, and in like manner may organize under, and enjoy 
as a distinct branch interest, all the rights and privileges named in the first section of this 
act. 

SEC. 3. Be it further enacted, That Alexander J. Mackay, Jonathan D. Hall, and John G. 
Parkhurst, and their associates, successors, and assigns, be, and they are hereby, constituted 
a body politic and corporate, by the name and style of the "Eagle Oil, Mining, and Manu 
facturing Company," with all the rights and privileges granted by the provisions of this act 
to the "Tennessee Oil, Mining, and Manufacturing Company." 

^SEC. 4. Be it further enacted, That John P. Cook, Philo Wilson, William B. Wilson, Ed 
win A. Howard, and Ed. S. Wheat, and their associates, successors, and assigns, be, and 




Company. 

SEC. 5. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 6, 18G5. 



CHAPTER XVIII. 

AN ACT to incorporate the Memphis City Railroad Company. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That William 
R. Moore, J. M. Hill, S. B. Beaumont, R. Hough, William M. Farrington, Frank Taft, G. 
P. Ware, S. R. W^ood, Fielding Hurst, P. E. Bland, Joseph Bruce, Abner Taylor, Thomas 
R. Smith, H. B, Wells, Joseph W. Eystra, William C. Bryan, W. P. Hepburn, and Frank 
Brooks, and their associates, be, and they are hereby, constituted a body politic and corpo 
rate, under the name and style of the "Memphis City Railroad Company," and by that 
name may have succession for the term of thirty years, may sue and be sued, plead and be 
impleadcd with, may have and use a common seal, may purchase and hold such personal 
and real estate as in the opinion of the directors may be necessary for carrying on the busi 
ness of the corporation, and the same to sell and dispose of at pleasure ; may make all need 
ful by-laws for their government not inconsistent or in conflict with the laws of the State of 
Tennessee and the United States. 

SEC. 2. Be it further enacted, That the capital stock of said company shall be three hun 
dred thousand dollars, with the right and privilege on the part of said company to make it 
five hundred thousand dollars, which shall be divided into shares of fifty dollars each, and 
the same may be subscribed to and made subject to such calls and terms of payment as said 
directors, hereinafter provided for, shall designate. 

SEC. 3. Be it further enacted, That the persons above named shall, within one year after 
this act, meet and elect five of their number by ballot, to act as directors of said company, 



RECONSTRUCTION TENNESSEE. 55 

and thereupon said directors shall choose one of their number to act as president, and may elect 
such other officers as they may think necessary, and iix the salary of the same said officers 
to remain in office one year, and until their successors shall be duly elected; and at the end 
of one year after the election of such directors, and annually thereafter, after thirty days 
notice, to be given by the president and secretary, or either of them, in a newspaper pub 
lished in the city of Memphis, of the time and place of such election, the stockholders shall 
meet and elect rive directors for the ensuing year each stockholder to have one vote for 
eacli share of stock held by him or her. Said directors shall thereupon proceed to organize, 
as above provided for the organization of said first board of directors, and so on annually, 
during the existence of this charter. Said stockholders may vote in person or by proxy. 
Three of said directors shall constitute a quorum for the transaction of business. 

SEC. 4. Be it further enacted, That said company, by their said directors and officers, 
shall have power to make, complete, and execute all contracts and agreements entered into 
with the city of Memphis, or other parties, for any purpose whatever, connected either di 
rectly or indirectly with the construction, maintaining, or operating said railway, and may 
alter or enlarge the term of the same with said parties, and may construct, maintain, use, 
and operate street railways by animal power, on all or any of the streets in the city of Mem 
phis, in .the State of Tennessee, for that purpose using all necessary machinery and equip 
ments ; said company to use neatly constructed, commodious, and safe cars, to be well 
adapted to such use and purpose ; may enter into all necessary contracts for the building 
and operating of said railway, and declare dividends on the capital stock of the same. 

SEC. 5. Be it further enacted, That this act shall be so construed as to authorize said 



grar 
State or the loan of any bonds. 

SEC. 6. Be it further enacted, That each stockholder shall be individually liable to the 
creditors of said company to an amount equal to the amount unpaid on the stock held by 
him, for all the debts and liabilities of said company, until the whole amount of the capital 
stock so held by him shall have been paid to the company, and all the stockholders of said 
company shall be jointly liable for all the debts due or owing to any of its laborers and ser 
vants, for services performed for said corporation, but shall not be liable to an action therefor 
before any execution shall be returned unsatisfied, in whole or in part, against the said cor 
poration, and then the amount due on such execution shall be the amount recoverable, with 
cost, against such stockholders. 

SEC. 7. Be it further enacted, That said railroad shall be constructed on the most ap 
proved plan for the construction of city railroads, and shall be ran as often as the conveni 
ence of passengers may require, and shall be subject to such reasonable rules and regula 
tions, in respect thereto, as the common council of the city of Memphis may, from time to 
time, by ordinance prescribe, and to the payment to the city of such license annually, for 
each car run thereon, as they may, by ordinance, prescribe ; and the persons and their as 
signs are hereby authorized to charge at the rate of five cents for the conveyance of passen 
gers for the whole or any part of the route from the depot to the terminus of said railroad. 

SEC. 8. Be it further enacted, That whenever the said tracks shall be placed on the roads, 
the same shall be laid with such rails and in such manner as shall not obstruct carriage 
travel, and said company shall cause said tracks to conform to the grade of the roads as they 
now are, or as it may be by them, and at their expense, changed or altered, and said com 
pany shall keep the surface of such roads inside the rails, and for two feet outside on each 
side thereof, in good order and repair. 

SEC. 9. Be it further enacted, That the act entitled "An act to incorporate the People s 
Passenger Railroad Company of the city of Memphis," passed February, 1860, be, and the 
same is hereby, repealed, together with all acts and parts of acts inconsistent with this act. 

SEC. 10. Be it further enacted, That this act shall take effect from the date of its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 7, 1865. 



CHAPTER XIX. 

AN ACT to incorporate the Tennessee and Kentucky Petroleum, Mining, and Manufactur 
ing Company, and for other purposes. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That C. H. 
Smith, Dr. Joshua Coff, George L. Lewis, George Hillman, W. J. McCor, W. J. Costner, 
and their associates, be, and are hereby, created a body politic and corporate, by the name of 
the "Tennessee and Kentucky Petroleum, Mining, and Manufacturing Company," and shall 
have succession for ninety-nine years. At any time after organization within twelve 



56 KECONSTRUCTION TENNESSEE. 

months, the directors of said company may, if desired, change the name of said company to 
any other name ; and by having a declaration of the same, signed and acknowledged by 
their president, and recorded, as a deed for land, in the county where the business meeting 
is held, said new name shall become the corporate name of said body. 

SEC. 2. Be it further enacted, That said company, in their corporate name, may sue and 
be sued, plead and be impleaded, in any court of law or equity; may adopt and use a com 
mon seal, changeable at their pleasure ; may contract and be contracted with, and have and 
enjoy all the privileges and rights incident to corporations. 

SEC. 3. Be it further enacted, That said company may acquire and hold, by purchase or 
lease, any real or personal property necessary or proper to cany on their business ; may sell, 
convey, exchange, rent, or lease the same, or any part thereof, at any time or times during 
the continuance of this charter ; and shall have and enjoy all the rights, privileges, and im 
munities granted by this legislature to any petroleum, or mining, or manufacturing com 
pany. 

SEC. 4. Be it further enacted, That said corporation shall have power to explore any of 
the land acquired or held by them by digging, tunnelling, boring, mining, or otherwise, for 
petroleum, salt, coal, iron, lead, copper, or other material or product, and to prepare, by 
manufacturing or otherwise, any material or product so found for market ; to use or vend 
the same, either crude or manufactured ; to erect such houses and machinery as they may 
deem requisite to carry on any part of said business. Said company may make, or have 
executed to them, mortgages or deeds of trust on real or personal property, when necessary 
in their business, or in order to secure debts due or to become due by or to said corporation. 

SEC. 5. Be it further enacted, That this company may ordain and establish, from time to 
time, alter or amend, such by-laws, rales, and regulations for the government of their affairs 
as they may deem proper, and which shall not contravene this charter and the laws of the 
land. 

SEC. 6. Be it further enacted, That the capital stock of this corporation shall not be less 
than one hundred thousand dollars, nor more than five hundred thousand dollars, consisting 
of shares estimated at twenty dollars each. 

SEC. 7. Be it further enacted, That any five of said corporators may open books for sub 
scriptions of stock in said company at such times and places as they may choose. When 
the sum of ten thousand dollars has been subscribed, then said company may organize and 
elect officers. 

SEC. 8. Be it further enacted, That the officers of said association shall consist of a presi 
dent, a secretary, and seven directors, who shall serve for one year, and until their succes 
sors are qualified and inducted into office. The elections shall be at such time and place, 
and on such notice, as the by-laws may prescribe. 

SEC. 9. Be it further enacted, That the officers shall be elected annually as aforesaid, by 
a majority of the votes cast at such election ; and in elections, each share shall entitle the 
owner thereof to one vote. 

SEC. 10. Be it further enacted, That, for cause deemed by them sufficient, the directors 
may dismiss any officer or agent, and appoint a successor to act until the next regular elec 
tion, or for a shorter term, as they may determine. 

SEC. 11. Beit further enacted, That each subscriber for stock in said corporation shall be 
individually liable only for the amount subscribed for by such person, and only until the 
same is paid in. 

SEC. 12. Be it further enacted, That nothing in this act shall be so construed as to give 
banking privileges to said company ; and that the right to alter, change, or repeal this act is 
hereby reserved to any subsequent legislature. 

SEC. 13. Be it further enacted, That Sol. Hesse, N. Hoffeiner, Adolph Loeb, H. T. Tom- 
linson, J. Nathan, J. S. Menkin, Henry Sussel, and their associates, are hereby incorporated 
a body politic and corporate, under the name and style of the "Memphis Club," in the city 
of Memphis, county of Shelby, and State of Tennessee, with full powers in their said 
corporate capacity to sue and be sued, plead and be impleaded, purchase and hold real 
and personal property, stock, and incorporate hereditaments, and may dispose of the same in 
such manner as said association may deem most expedient. 

SEC. 14. Beit further enacted, That the said " Memphis Club" may use a common seal, 




acts for their benefit not inconsistent with the privileges herein granted. 

SEC. 15. And be it further enacted, That this act shall take effect from and after its 
passage. 

WILLIAM HEISKELL, 
Speaker of the House of llcprcsentatitcs. 
SAMUEL R. HODGERS, 

Speaker of the Senate. 
J asscdJunc 7,1865. 



RECONSTRUCTION TENNESSEE. 57 



CHAPTER XX. 

AN ACT to amend an act authorizing John C. Haley to establish a turnpike road, passed 

October 28, 1833. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That F. A. 
Henager, Jas. R. Rigsby, George W. Rider, and Abel A. Pearson be, and they are hereby, 
authorized to open, establish, and keep in repair a turnpike road across what is known as the 
Quails Trace of Walden s Ridge, beginning at or near where J. L. Hutchison formerly lived, 
in Rhea county, and from thence to Benjamin F. Bridgeman smill, at the foot of the moun 
tain, in Bledsoe county ; and that the said proprietors have the charter for said road for the 
same length of time, and upon the same terms and conditions in all respects that a charter 
for a turnpike road was given to John C. Haley, by an act passed October 26, 1833, and that 
John Lee, of Bledsoe county, and John P. Walker, of Rhea county, be appointed commis 
sioners on said road, who shall take the same oath, and perform the same duties, and be en 
titled to the game privileges and emoluments that are enjoined upon and extended to the 
commissioners of said John C. Haley s turnpike road by the act aforesaid ; the charter here 
by granted to be void unless the road be opened and completed within four years from the 
passage of this act. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 7, 1865. 



CHAPTER XXI. 

AN ACT to incorporate the Memphis and Mound City Arkansas Steam Packet Company, 

of Memphis. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That G. P. 
Ware, C. C. Burk,Wm. M. Farrington, Wm. R. Moore, John D. Ware, and their associates, 
shall be, and they are hereby, constituted a body politic and corporate under the name and 
style of the People s Passenger and Freight Steam Packet Company of Memphis and Mound 
City ; and by that name may have succession for the term of thirty years ; may sue and be 
sued, plead and be empleaded ; may have and use a common seal ; may purchase and hold 
such personal and real estate as may be necessary for carrying on the business of the corpora 
tion ; and the same to sell or dispose of at pleasure ; may make all needful by-laws for their 
government not inconsistent or in conflict with the laws of the United States, the State of 
Tennessee, or the city of Memphis and county of Shelby. 

SEC. 2. Be it further enacted, That the capital stock of said company shall be three hun 
dred thousand dollars, which shall be divided into shares of fifty dollars each, and the same 
may be subscribed to and made subject to such calls and terms of payment as the directors 
hereinafter provided for shall designate. 

SEC. 3. Be it further enacted, That the persons above named shall open books for the sub 
scription of stock, and when one hundred shares are subscribed, and ten dollars on each share 
paid in, the stockholders may then meet and elect five of their number directors of said com 
pany, and thereupon said directors shall choose one of their number to act as president, and 
may elect such other officers as they may think necessary, and fix the salaries of the same, 
said officers to remain in office one year, or until their successors are duly elected and installed 
into office, at which time, after three weeks notice in one newspaper published in the county 
of Shelby, State aforesaid, the stockholders of said company shall meet and elect the direc 
tors aforesaid, each stockholder having one vote for each share of stock held by him or her. 
Said directors shall thereupon elect their said president and other officers, and said election 
shall take place annually. Said stockholders may vote in person or by proxy. Three of 
said directors shall constitute a quorum for the transaction of business. 

SEC. 4. Be it further enacted, That said company, by their directors and officers, shall 
have power to complete and execute all contracts or agreements entered into with the city of 
Memphis, or other parties, for the use of a landing or wharf of said city, and may alter or 
enlarge the terms of same. Said parties may enter into all necessary contracts for the build 
ing and operating said steam packet company, and declare dividends on the capital stock of 
the same, provided that the capital stock is not diminished thereby. 

SEC. 5. Be it further enacted, That said company, in establishing a tariff of freight and 
passage to and from Memphis and Mound City, will submit the same to the county court of 
Shelby county, state aforesaid, for the approval of the same before any of its provisions can 
be enforced : Provided, this act shall not be so construed as to grant either the indorsement 
of the State or the loan of any bonds. 

SEC. 6. Be it further enacted, That the stockholders of said company shall be individually 
liable for the amount of their stock subscribed until the same is paid. 



58 RECONSTRUCTION TENNESSEE. 

SEC. 7. Be it further enacted, That this corporation shall be subject to such taxes as may 
be imposed on similar corporations of this State. 

SEC. 8. DC it further enacted, That nothing herein contained shall be so construed as to 
authorize the corporation of the city of Memphis or the county court of Shelby county to 
grant any privilege or make any contract with said company that will in any way interfere 
with the vested rights of any party or parties whatever as now fixed by law. 

SEC. 9. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 8, 1865. 



CHAPTER XXII. 

AN ACT to incorporate Tennessee Mountain Petroleum and Mining Company. 

SECTION I. Be it enacted by the general assembly of the State of Tennessee, That Dr. T. A. 
Atchison, Capt. W. H. H. Ayres. Capt. L. H. Thrikston, S. H. Tar, J. W. Plummer, capt. 
and provost marshal district Middle Tennessee, H. \V. Hart, and their associates, succes 
sors and assigns, be, and they are hereby, constituted a body corporate and politic by the 
name and style of " Tennessee Mountain Petroleum and Mining Company;" and by that 
name and style shall have succession for ninety-nine years, with power to contract and be 
contracted with, sue and be sued, in that name in all courts and places ; to have a common 
seal ; to engage in mining, manufacturing and boring for petroleum, salt, and other valuable 
minerals, and in the manufacturing, refining, and preparing for market, transporting and 
selling the same, and other products of said business, and of the land now owned or which 
may hereafter be owned by them in the State ; to hold their meetings, and transport and sell 
their oil or other minerals or other products, within or without the state, and to have all 
other powers needful and proper for the successful prosecution of their business and for the 
execution of the powers herein granted. 

SEC. 2. That said corporation may organize said company by the appointment of a presi 
dent and such other officers and managers as they may deem necessary at such times and 
places as they may designate by notice previously given ; and when thus organized, the said 
company shall have power to make such by-laws, rules and regulations as they may deem 
necessary from time to time for the government and prosecution of the business of said cor 
poration, not inconsistent with the constitution and laws of the United States and of the 
State of Tennessee. 

SEC. 3. The capital stock of said company shall be five hundred thousand dollars, and 
said company shall have power to increase the same from time to time, not exceeding one 
million dollars. 

SEC. 4. The company may buy, lease, or rent any suitable lands, mines, oil and salt rights 
and privileges, rights of way, and other property necessary for their business, and may dis 
pose of the same, or any portion of it, by sale or otherwise. They may receive real estate, 
leasehold, mining and boring rights and fights of way, in payment of such part of subscrip 
tion as thoy may deem advisable. Said company may erect and build on any of their lands 
such buildings, engines, machinery, and fixtures as may be deemed convenient and proper for 
carrying on and conducting the business of said corporation. 

SEC. 5. Be it further enacted, That this corporation shall be subject to such taxes as may 
be imposed on similar corporations in this State. 

SEC. 6. Be it further enacted, That a violation of this charter shall authorize the legisla 
ture to alter or repeal the same, and that nothing therein contained shall be so construed as 
to allow any banking privileges to said company. 

SEC. 7. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the. House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1SC5. 



CHAPTER XXIII. 
AN ACT to incorporate the East Tennessee Union Petroleum, Coal, Iron, and Salt Company 

SECTION ]. Be it cnartnl by the general assembly of the State of Tennessee, That O. P. 
Temple, Green Adams, R. R. Butler, John 1J. Brownlow, J>:vid K. Young, L. C. Houk. 
and their associates, successors, and assigns, be, and are hereby, constituted a body corpo, 
rate, by the name and style of the "East Tennessee Union Petroleum, Coal, Iron, and S 1 



EECONSTRUCTION TENNESSEE. 59 

Company," and by that name shall have succession for ninety-nine years ; and shall be com 
petent to" sue and be sued in any court of law or equity ; to have and use a common seal, 
and to alter the same at pleasure; to establish, ordain, and change any by-laws, not incon 
sistent with the constitution and laws of Tennessee, that may be necessary for the govern 
ment of the company ; to purchase, hold, and dispose of such real estate, leases, mines, min 
erals, iron, coal, oil, salt, and personal property, as they may desire, or that may be neces 
sary for the legitimate transaction of their business ; to mine, bore, forge, sell, smelt, trans 
port, work, manufacture, refine and vend the same ; to issue such number of shares of the 
stock of said company, at the representative par value thereof, as may be indorsed by a vote 
of said company ; to determine the par value of shares, and have the right to pay in of stock 
of the corporation for such running interest or interests, in real estate, as may be necessary ; 
to purchase or lease for the operation of the works of the company; to lay and conduct pipes 
and construct railroads from their wells to navigable rivers,* or railroads now constructed or 
to be constructed, and to make connexions and turnouts for their purposes, &c. ; that the 
capital stock of said company be one million dollars, to be divided in such shares as the com 
pany may determine, which may be increased or diminished, as the company may determine; 
that the president and directors shall regulate the proportion of stock which may be issued 
to each member on application ; the company to have, enjoy, and exercise all the rights and 
privileges belonging and incident to corporations, except the right to issue notes, or engage 
in the business of banking. 

SEC. 2. Be it further enacted, That whenever said company shall become possessed of 
mines or minerals, lands or leases, iron, coal, or petroleum leases, situated in this State or 
elsewhere, a separate and distinct interest of each mine, bed, field vein, deposit or lease may 
be created under some name to distinguish the same, and in like manner may organize under, 
and enjoy as a distinct branch, all the rights and privileges named in the first section of this act. 

SEC. 3. Be it further enacted, That Horace Maynard, Win. F. Ray, Thomas J. Vanguilder, 
James B. Howard, Francis S. Price, James N. Clark, Isaac C. Price, John C. Flanders, 
Wm. McKey, Joseph L. Cooper, Charles W. Cohen, and S. R. Rodgers be, and they are 
hereby, constituted a body corporate and politic, by the name and style of the "Kuoxville 
Oil Mining Company," and in that name they may sue and be sued, &c. 

SEC. 4. Be it further enacted, That said company or body corporate shall have all the 
rights, powers, and privileges granted to the " Cumberland Basin Petroleum and Mining 
Company," and subject to like limitations and restrictions. 

SEC. 5. Be it further enacted, That James H. Vaughn, J. M. Robb, John H. Ligon, H. 
F. Banks, and H. S. Craine, their associates and successors, are hereby constituted a body- 
politic and corporate, for a period of ninety-nine years, by the name of the "Tennessee Oil 
and Mineral Company," for the purpose of exploring for oil, copper, gold, lead, silver, iron, 
zinc, coal, and other ores, metals arid minerals, and for the purpose of developing, mining 
working, refining, smelting, purchasing, and vending the same, with the capital, and clothed 
with all the powers, rights, and privileges granted in the foregoing charter incorporating the 
"East Tennessee Union Petroleum, Coal, Iron, and Salt Company." Said corporators and 
their associates shall organize by the election of six directors of their number, who shall elect 
a president, vice-president, secretary, and treasurer, who shall perform such duties and ex 
ercise such powers as may be prescribed by the by-laws. 

SEC. C. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 3865. 



CHAPTER XXIV. 

AN ACT to incorporate the Manchester and Barren Fork Mining and Manufacturing 

Company. 

SECTION 1. Be it enacted -by the general assembly of the State of Tennessee, That W. T. 
Garrett, J. C. McCrory, and D. P. Kathbone, and their associates and successors, be, and 
they are hereby, created a body politic and corporate, by the name and style of "The Man 
chester and Barren Fork Mining and Manufacturing Company," and by that name shall 
have succession for ninety -nine years, sue and be sued, plead and be impleaded with, and 
generally to do every act and thing necessary and proper to carry out the provisions ot this 
act, and to promote the object and designs of this corporation. 

SEC. 2. Be it further enacted, That the capital stock of said company shall be two hundred 
thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, 
to be divided into shares of one hundred dollars each: and the persons above named shall 
open books for the subscription of stock, and when fifty thousand dollars shall have been 
subscribed the stockholders may meet and elect five directors, and said directors shall elect 
one of their number president, and also elect a secretary. 



60 RECONSTRUCTION TENNESSEE. 

SEC. 3. Be it further enacted, That the affairs of said company shall be managed by a 
board of directors, consisting O f not less than five, and such agents and officers as they may 
appoint. The secretary and president shall be elected every year by the directors, and all 
vacancies happening in said board, or in any of said offices, may be filled by the acting 
directors for the remainder of the term for which they were elected or appointed. The 
board shall have power to establish by-iaws for the government of said company, and to 
alter the same whenever it may be deemed proper for them to do so. The directors shall 
have power to require security for the payment of all stock subscribed and not paid in. 

SEC. 4. Be it further enacted, That the said company shall have full power and authority 
to purchase and lease lands or real estate, and to dispose of the same, and to do a general 
mining and manufacturing business on lands owned and leased by said company ; to mine, 
forge, roll, smelt, manufacture, transport, and to vend minerals, iron, coal, petroleum oil, 
salt, and to hold property of every species necessary for the carrying on of the business of 
said company, and said company shall have power to make contracts under the corporate 
seal, signed by the president and attested and signed by the secretary or other officer who 
may be appointed by the directors for that purpose. 

SEC. 5. Be it further enacted, That, should the said company at any time fail to meet its 
engagements, each person holding stock at the time of such failure shall be individually 
liable for the debts of the company to the amount of the balance of the unpaid stock of such 
stockholder. 

SEC. 6. Be it further enacted, That this corporation shall be subject to such taxes as may 
be imposed on similar corporations of this State. 

SEC. 7. Be it further enacted by the general assembly of (he State of Tennessee, That E. C. 
Schultze, L. C. Platt, C. M. Northrup, Charles Kocliler, Joseph W. Currier, Lewis Benton, 
and John A. Smith, shall be, and are hereby, constituted a body politic and corporate, for 
the purpose of purchasing, selling, mining, improving, and settling with loyal owners, land 
in the State of Tennessee, known by the name and style of "The New York and Tennessee 
Mining and Farmland Company," and by that name may have succession for ninety-nine 
years; may sue and be sued ; may contract and be contracted with; may have a .common 
seal and power to change the same at will ; may purchase and hold such personal and real 
estate as they shall deem necessary for carrying out the objects of the corporation, and may 
sell or dispose of the same at pleasure, and receive pay, security, or mortgages therefor ; may 
mine, work, or otherwise develop the mineral resources, and may construct such machinery and 
improvements on the land of the corporation as they shall think proper, and have power to 
sell, lease, or otherwise dispose of the same ; and may make all necessary by-laws for their 
government^uot inconsistent with the laws of the United States or of the State of Tennessee. 

SEC. 8. The capital stock of said company shall consist of five thousand shares of the 
par value of one hundred dollars each, with the privilege of increasing, if necessary, to 
forty thousand shares, and the trustees shall designate and determine what portion of said 
stock shall be paid in land and its value, and what portion in cash, which stock shall be 
deemed personal estate, and transferable in such manner as the by-laws of the company 
shall direct. 

SEC. 9. That the affairs of said company shall be managed by a board of trustees chosen 
by the stockholders, who shall hold their office for one year, and until their successors are 
elected. Every member of said board of trustees shall be a stockholder. In every election, 
and at every meeting of stockholders, each share of stock on which no call or assessment is 
due, past, and unpaid, shall entitle the holder thereof to one vote, either in person or by 
proxy. The board of trustees may choose a president, vice-president, secretary and treas 
urer, and such other officers and agents as may be necessary, and fix their salaries. A failure 
to hold any election on the day designated shall not work a dissolution of the corporation, 
but such election may be held at a subsequent time, to be designated by the board of trus 
tees. 

SEC. 10. If any sur/scriber for stock shall fail to pay the amount subscribed in such man 
ner as may be prescribed by the by-laws, the same may be recovered by action of debt in any 
court having jurisdiction, or such stock may be sold, and declared forfeited by the company, 
on such terms us the board of trustees shall determine and prescribe. 

St:c. 11. That the aforesaid persons, or any number of them, or any other person duly 
authorized by the board of trustees, may, at any time or place, open books for the subscrip 
tion of stock. 

SEC. 12. Be it further enacted, That James Mullens, William H. Wisner, Philemon Gos 
ling, and John C. Coldwell, jr., be, and are hereby, created a body politic and corporate, 
with succession for ninety-nine years, to be known and designated as "The Cascade Mining 
and Manufacturing IVtroU-um Company," with all the powen and privileges of this act, as 
conferred upon the previous corporations in this act. 

SEC. K?. And be it further enacted, That this act shall take effect and be in full fcrce from 
and after its passage. 

WILLIAM 1IEISKELL, 
Speaker of the House of Representatlces. 
SAMUEL R. RODGERS, 

Passed June 8, 1865. Speaker of the Senate. 



RECONSTRUCTION TENNESSEE. 61 

CHAPTER XXV. 

AN ACT to amend An act entitled An act to incorporate the East Tennessee and Virginia 

Railroad Company, passed the 27th day of January, 1848. 

SECTION 1. Be it enacted by the general assembly of t lie State of Tennessee, That the 7th sec 
tion of said act be so amended that the affairs of said company shall be managed by a board 
of directors, to consist of nine instead of fifteen, as now required by law. 

SEC. 2. Be it further enacted, That the seventeenth section be so amended that a stock 
holder, in his own right, of ten shares, shall be eligible to the office of president or director 
of said company, with all the rights and privileges that they are now allowed by law : Pro 
vided, he be a loyal citizen of the United States government. 

SEC. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Reprcsentalites. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 8, 1865. 

CHAPTER XXVI. 

AN ACT to incorporate the Tennessee Mining and Manufacturing Company. 

Whereas it has been represented to this general assembly that the property known as the 
Washington County Iron Works, in Washington county, of this State, upon which there now 
are a furnace, forges, rolling mill, and other improvements, is capable, by the application of 
the requisite capital, of much further development : 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That Charles J. 
McKinney, of Hawkins county ; Calvin Hoss, of Washington county ; and such other persons 
as they may associate with them, as owners of the shares hereinafter authorized to be issued, 
be, and the same are hereby, made a body politic and corporate, under the name and style of 
the Tennessee Mining and Manufacturing Company, and as such, in that name, may have 
continued succession, and may purchase, have, hold, use, and acquire, by any lawful means, 
any estate, real and personal, in as full and ample manner as any individual may or might 
do; and the same may use, lease, let, mortgage, sell, and convey, or otherwise dispose of; 
and may sue and be sued, plead and be impleaded, contract and be contracted with, and have 
and use a common seal, and the same may change, at pleasure ; and make by-laws, not incon 
sistent with the constitution and laws of Tennessee, and regulations for the management of 
their affairs; and may have and use all the rights, powers, and privileges which are or may 
be necessary for them to have as an incorporated company. 

SEC. 2. Be it further enacted, That the capital stock of the said company shall consist of 
shares of ten dollars each, of which the said property, known as Washington County Iron 
Works, shall constitute a part, at a price to be agreed upon by and between the parties inter 
ested, and when two hundred thousand dollars shall have been subscribed, the shareholders 
may proceed to organize the company by the election of five or more directors ; and the directors 
for the time being may have, exercise, and enjoy, in the name and behalf of the company, all 
the rights, powers, and privileges which are given or intended to be given herein, and may, 
from time to time, increase their resources by borrowing money on a pledge of their property, 
or without such pledge, or by new subscriptions ; and the subscribers shall be bound, each 
for himself or herself, to pay the sums by them respectively subscribed ; and when the sums 
due, or to become due, thereon shall have been paid, such shareholder shall not be liable for 
any further payment on account thereof. 

SEC. 3. Be. it further enacted, That the by-laws may prescribe the number of and the man 
ner in which the officers and agents of the company shall be appointed, their terms of service, 
powers, and duties, and may require that they shall take an oath faithfully to dischargo^their 
respective duties And inasmuch as the Nolachucky river is not navigable above the site of 
the said iron works, and the water power, for manufacturing purposes, may be greatly in 
creased by erecting one or more dams across the said river above the site aforesaid, the com 
pany may, and they are hereby authorized to, erect one or more dams across the said river, 
if the same, in their opinion, bo necessary and proper to aid in the establishment of manufac 
tures of iron, or other articles or commodities; subject, nevertheless, to the payment of any 
damages which may be assessed by a jury empanelled by a court having competent jurisdic 
tion ; and provided that the erection of said dam or dams shall i.ot interfere with the naviga 
tion of said river. 

SEC. 4. Be it further enacted, That this act shall be in force for thirty years from and after 
its passage, and until the same be modified and repealed ; and all acts and parts of acts con 
flicting with this act shall be and are hereby repealed: Provided, That nothing in this act 
shall be so construed as to erive, jrraut, or allow to said company banking privileges. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 18G5. 



62 RECONSTRUCTION TENNESSEE. 

CHAPTER XXVII. 

AN ACT incorporating the Tennessee and Cumberland Oil and Mining Company. 

SECTION L Be it enacted by the general assembly of the State of Tennessee, That A. G. 
Wells, C. L. Hequembough, Wni. C. Bunts, Win. li. Campbell, Win. II. Gordon, Delaino 
F. Smitb, Edward Donohoe, George; Richardson, F. II. Cotton, their associates, successors, 
and assigns, be and arc hereby created, constituted and declared a body politic and corporate, 
under the name and style of the "Tennessee and Cumberland Oil and Mining Company," 
with full privileges and powers to and for the purpose of prospecting, boring, exploring for, 
raising, mining, digging, transporting and selling oil, petroleum, kerosene, asphaltum, naph 
tha, salt, coal, iron, and all other minerals in this State or elsewhere, on any lands they may 
acquire by purchase, lease or gift ; and to manufacture dyes and colors, refine and convert it 
to such other uses by distillation, refining and manufacturing, as science, chemistry and 
philosophy has or may hereafter make known and discover ; also the privilege and power to 
manufacture iron from the ore into pig metal, and rolled iron in all its qualities and forms ; to 
erect all necessary machinery, buildings, furnaces, warehouses, docks and levees as shall or 
may be conducive to the successful operation of their said business in all of its various depart 
ments and ramifications ; also to lay and conduct pipes, and construct railroads, turnpikes and 
canals from their lands and works to any navigable river or railroad now constructed or here 
after constructed, and to make the necessary switches and connexions for the purpose of trans 
porting said articles, mined and manufactured, and importing such articles and materials as 
said company may require for the conducting of their said business : Provided, however, That 
in constructing said roads, canals, &c., they do not interfere with any vested rights ; and by 
said name and style are hereby made a body capable in law, as individual citizens, to con 
tract and be contracted with, sue and be sued, plead and be impleaded, answer and be 
answered unto, and prosecute to final judgment, in the State and elsewhere, in all courts of 
law t and equity; to make, have and use a common seal, and change the same at will ; with full 
power and authority to purchase, lease, and receive in donation, and enjoy and possess estate, 
real, personal and mixed, and to lease, rent, sell, alienate, convey, and otherwise dispose of 
the same ; with all rights, powers and privileges necessary and proper for them as an incor 
porate company ; and by such name and style shall have succession for the full term of ninety- 
nine years : Provided, That nothing in this act shall interfere with the vested rights of auv 
other company under the laws of the State of Tennessee. 

SEC. 2. Be it further enacted, That the incorporators, in person or by proxy, shall, as soon 
after the passage of this act as convenient, meet and organize by the election of a board of 
directors of not less than seven nor more than ten in number, who shall have the management 
and control of the affairs of the company, a majority of whom shall constitute a quorum for 
the transaction of business, and each being a stockholder to the amount of twenty-five shares 
at least, who, as well as their successors, shall hold their office for the term of one year, and 
until their successors are elected. Said directors shall annually thereafter, by public notice 
for thirty days, in one or more newspapers published in the city of Nashville, next preceding 
the first Monday of June, to the stockholders to meet at the office of the company, in Nash 
ville, in person or by proxy, to elect directors for the next ensuing year, at which elections 
three of the stockholders, appointed by those present, shall be the judges. If the director-; 
shall fail or neglect to give notice as aforesaid, any two of the stockholders may give said 
notice, and elect directors in like manner as if the directors had given notice as prescribed by 
this act. The persons receiving a majority of the votes cast at said elections shall be declined 
duly elected; and in case of a tie vote a majority of the directors elect shall determine and 
give one vote, which shall be the casting vote. Each stockholder shall have one vote for each 
and every share he or she may own; and any shareholder, not present at any such electit.ji, 
may vote by proxy, said proxy being a shareholder and attending such election, and present 
ing from his principal authority in writing, signed and sealed by said principal and attested 
by two witnesses. 

SEC. 3. Be it further enacted, That if it should happen that an election of directors should 
not be made on the day designated in the notice, the said corporation shall not for that cause 
1 ( deemed dissolved ; but it shall and may be lawful to make and hold an election for direr 
on some other designated day, of which notice may be given. 

SEC. 4. Be it further enacted, That the said directors snail elect annually from their number 
a president, vice-president, secretary, and treasurer, and other such officers, agents, clerks, 
and employes, from among the stockholders or from other sources, as the interest of the 
company may require: and may take of each of them such bond or bonds, with security, 
conditioned lor the faithful performance of the duties assigned them: allow such compen 
sation us they may think proper, and may remove and dismiss them, or any of them, at 
pleasure; and shall fill all vacancies in their number caused by death, resignation, or other- 
Avise, by such persons from among the stockholders as they may elect. And the said directors, 
or a majority of them, may, from time to time, make, ordain, and establish such by-laws and 
regulations for the government of said corporation in its proceedings, and for the manage 
ment of its stock and property, as may by them be deemed necessary and convenient : 



RECONSTRUCTION TENNESSEE. 63 

Provided, hoiccter, the same be not repugnant to and inconsistent with the constitution and 
laws of this State and of the United States. 

SEC. 5. Be it further enacted. That the meetings of the board of directors shall be at such 
times and places as they may themselves determine; and special meetings thereof may be 
called by the president or a majority of the directors, and at all meetings thereof a majority 
shall constitute a quorum for the transaction of business. 

SEC. 6. Be it further enacted, That sYiid directors shall keep, or cause to be kept, proper 
books of stock and accounts of the business and affairs of said company, which shall be 
subject at all times to the inspection of the stockholders, and they shall annually, at the 
expiration of their term of office, make a full and correct report to the stockholders of the 
transactions of the year, showing the amounts of property and means received, arid whence 
received, the amount disbursed, and for what purpose disbursed, the amount on hand, together 
with such other information as may be required by the stockholders or deemed important to 
the interests of the company. 

SEC. 7. Be it further enacted, That the capital stock of the company shall be two million 

dollars, divided into one hundred thousand shares of twenty dollars each, which capital stock 

may be increased or diminished as the directors may determine ; and the president and 

1 directors shall regulate the proportion of stock which may be issued to each member on 

application. 

SEC. 8. Be it further enacted, That the stock and property of said company and corporation, 
of whatever nature, shall be assignable and transferable on the books of said corporation in 
such manner as the regulations and by-laws thereof may prescribe. 

SEC. 9. Be it further enacted, That the dividends of the profits of said corporation shall be 
made at such times among the stockholders as the dividends may determine. 

SEC. 10. Be it further enacted, That the board of directors shall have no power to bind the 
corporation by any contract or agreement to a greater amount than the capital stock sub 
scribed ; and in case of their attempting to do so, the directors so participating in such an 
attempt shall be responsible in their private property to the parties injured. 

SEC. 11. Be it further enacted , That said corporation may receive real estate, leasehold, 
mining and boring interests and rights, and right of way, in payment of such part of sub 
scription to stock as may be by the directors deemed advisable. 

SEC. 12. Be it further enacted, That said corporation shall not be dissolved, unless by a 
vote of two-thirds of the whole capital stock. 

SEC. 13. Be it further enacted, That the right to alter, change, or repeal this act is hereby 
reserved to any subsequent legislature ; and nothing shall be so construed as to grant said 
company banking privileges. 

SEC. 14. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 8, 1865. 



CHAPTER XXVIII. 

AN ACT to charter the East Tennessee Female College. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That a female 
institution be, and the same "is hereby, chartered and incorporated, by the name of "The 
East Tennessee Female College." to be located at Cleveland, Tennessee. 

SEC. 2. Be it further enacted, That the following persons be appointed trustees of said 
institution: G. B. Thompson, M. D., Rev. Wm. C. Daily, Robert N. Fleming, M. D., Rev. 
Hiram Douglass, William. Hunt, M. D., Rev. Robert Sneed, J. H. Brown, M. D., J. H. 
Gaut, esq., P. M. Craigmills, M. D., L. P. Gaut, esq., J. H. Craigmills, D. P. O Neil, 
Thomas H. Colloway, H. B. Davis, William Cate, James M. Henderson, Thomas L. Cate, 
Joseph H. Davis, Jonathan C. Tipton, and Isaac Lowe, and they and their successors, as 
hereafter provided, shall constitute a corporation for ninety-nine years. 

SEC. 3. Be it further enacted, That said corporation shall be able and liable, in law and 
equity, to sue and be sued, plead and be impleaded, to answer and be answered, and to de- 
feud and be defended in all courts and places, as any other legally and regularly constituted 
corporation ; may have a common seal, may alter or change the same at pleasure, and also 
shall be able to take by purchase, grant or devise, or in any other names, and to hold any 
real, personal, or mixed estate whatever: Provided always, The clear yearly value of the real 
estate shall not exceed the sum of fifty thousand dollars: And provided also, That the prin 
cipal and interest of the whole fund be used and applied for the use and promotion of educa 
tion at said college, and to no other purpose. 



64 RECONSTRUCTION TENNESSEE. 

SEC. 4. Be it further enacted, That said trustees and their successors in office shall have 
lull power and authority to collect and receive all funds that have in any way been contribu 
ted or pledged for the establishment enlargement,, maintenance, or benefit of said institution, 
or for any of its purposes, and apply the same ; and give, grant, bargain, sell, or dispose of 
all, or any, of said real, personal, or mixed estate, as to them may seem best for the interest 
of said institution. 

SEC. 5. Be it further enacted, That the number of trustees shall at no time exceed twenty ; 
seven of whom shall constitute a quorum, with power to transact all the business of the 
institution, except to sell real estate, in which case a majority of the board must act. 

SEC. 6. Be it further enacted, That the trustees and their successors in office shall have 
full power and authority to direct, manage, and control the funds of the institution, for the 
benefit of the same, to prescribe the course of study and the discipline to be observed in the 
institution. 

SEC. 7. Be it further enacted, That the trustees and their successors in office shall have 
power to select and elect, whenever a majority of them may think proper, a president of the 
institution, and such professor or professors, tutor or tutors, as they may consider necessary 
for the institution, and these, when elected, shall constitute a faculty for the education and^ 
government of the students, under the restrictions hereinbefore and hereafter enacted. 

SEC. 8. Be it further enacted, That the faculty elected, as provided in the seventh section 
of this act, shall hold office during the pleasure of the trustees : Provided, That no member 
of the faculty shall be dismissed by the trustees without just cause, previously stated to him 
in writing, and a full opportunity for defence allowed him before at least ten (10) of the 
trustees : Provided, That if complaint shall be made to said trustees, or any of them, or they 
or any of them have knowledge of misconduct on the part of any member of the faculty, it 
shall be the duty of the trustees to immediately call a meeting of their body to investigate 
the charges, and if they think proper, by a majority vote of the members present, if five or 
more, suspend said officer until he be notified and tried, as herein provided. 

SEC. 9. Be it further enacted, That no member of the faculty shall be eligible to the office 
of trustee except the president, who shall, by virtue of his office, be a member of the board 

trustees. 

SEC. 1U. Be it further enacted, That said trustees shall, under the regulations provided in 
this act, have power, upon the death, resignation, or the removal of one of its members, to 
supply the vacancy by the election of some other person. They shall also have power to 
make vacant the seat of any member of the board who shall fail to attend its meetings for 
the term of twelve months, or for bad or any want of good character. 

SEC. 11. Be it further enacted, That said trustees shall have power to meet from time to 
time upon their own adjournment, and as often as they shall be summoned by the chairman 
or president, or in his absence by the secretary. 

SEC. 12. Be it further enacted, That the president of the board of trustees, as well as any 
other officer that may be necessary for the proper organization of ^such body, may be elected 
once in every year, at such time as the board shall fix by a majority vote; and the officer 
elected must be a member of the board of trustees. 

SEC. 13. Be it further enacted, That the trustees, and their successors in office, have power, 
and authority to grant and confer all such literary degrees and honors as are usual in any 
similar institution in the Union, and to give suitable diplomas, under the signatures of the 
faculty and five of the board of trustees, which diploma shall entitle the possessor to the 
same immunities and privileges allowed by usage and statute to the possessors of diplomas 
from any similar institution: Provided, That this section be subject to legislative control. 

SEC. 14. Be it further enacted, That said trustees, and thoir successors in office, have power 
and authority to make all ordinances and by-laws for the government of their institution 
which they may deem expedient for carrying the design of the institution into effect: Pro 
vided, That none of the by-laws shall be inconsistent with the constitution and laws of the 
State or of the United States. 

SEC. 15. Be it further enacted, That at a meeting of the board, a quorum being present, 
said board may, in the absence of the president, name one of its members chairman, whose 
acts shall be as valid as the acts of the president, and all acts of the board, under such cir 
cumstances, shall be as regular and effectual as if the president had been present and presided 
over (lie meeting. 

SEC. 10. Be it further enacted, That all the property belonging to said institution, or which 
may hereafter belong to it, be, and is hereby, exempt from taxation. 

SEC. 17. Be it furtlnr enacted, That this act shall take effect from its passage. 

\\ILLIAM IIEISKELL, 
Speaker of the House of ffcvrettfttaftM*. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1865. 



RECONSTRUCTION TENNESSEE. 65 

CHAPTER XXIX. 

AN ACT to change the line between the counties of Anderson and Campbell. 

SECTION I. Be it enacted by the general assembly of the State of Tennessee, That the county 
line between the counties of Anderson and Campbell be so changed as to include the present 
residence and farm of Silas L. Arthur in the county of Anderson. 

SEC. 2. Be it furtfier enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGE.KS, 

Speaker of the Senate. 
Passed June 8, 1865. 



CHAPTER XXX. 

AN ACT to incorporate the Cumberland Basin Petroleum and Mining Company. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That John T. 
Wilder, W. O. Osgood, W. Hunt, William E. Prall, J. H. Fessenden, S. A. Crittenden, 
James W. Clark, P. C. Leary, William McMustry, and Samuel Sawyer, and their associates, 
successors, and assigns, be, and they are hereby, constituted a body corporate, by the name 
and style of "The Cumberland Basin Petroleum and Minirfg Company," and by that name 
shall have ninety-nine years succession, and shall be competent to sue and be sued in any 
court of equity or law whatever ; to have and use a common seal, and to alter the same at 
pleasure ; to establish and change any by-laws for the government of said company not 
inconsistent with the constitution and laws of Tennessee : to purchase, hold, and dispose of 
such real estate, leases, mines, minerals, iron, coal, oil, salt, and personal property as may 
be necessary for the legitimate transaction of their business ; to mine, forge, roll, smelt, 
transport, work, .manufacture, refine, and vend said minerals, coal, iron, oil, salt, and pro 
ducts thereof, and issue such number of shares of the stock of said company, at the repre 
sentative par value thereof, as may be ordered by a vote of said company ; to determine the 
par value of shares, and have the right to pay in shares of stock of the corporation for such 
mining interest, or interest in real estate, as may be necessary to purchase or lease for the 
operation of the works of the company, and generally to have, enjoy, and exercise all rights 
and privileges incident to corporations, except the right to issue notes or engage in banking. 

SEC. 2. Be it further enacted, That whenever said company shall become possessed of 
mines or minerals, lands or leases, iron, coal, pretroleum, or leases, situate in this State or 
elsewhere, a separate and distinct interest of each mine, bed, field, vein, or deposit, or lease, 
may be created under some name to distinguish the same, and in like manner may organize 
under and enjoy, as a distinct branch interest, all the rights and privileges named in the first 
section of this act. 

SEC. 3. Be it further enacted, That this corporation shall be subject to such taxes as may 
be imposed on Similar corporations in this State. 

SEC. 4. And be it further enacted, That this act shall take effect from and after its passao-e. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives, 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1865. 

CHAPTER XXXL 

AN ACT to incorporate the Cumberland Mining and Petroleum Company and for other 

purposes. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That Barnard 
F. Mullins, Edward W. Metcalf, Julius C. Hart, Hugh Barns, Alexander J. Mullins, and 
their associates and successors be, and they are hereby, created a body politic aiid corporate 
by the name and style of "The Cumberland Mining and Petroleum Company," and by that 
name shall have succession for ninety-nine years, and shall be capable in law and equity to 
sue and be sued, plead and be impleaded, in all suits and proceedings whatever, in any of 
the courts of this State, and for the purpose of boring for oil and salt, and mining for iron, 
eoal, copper, and other mineral or fossil substances in this State, and vending and selling 
the same, and for erecting buildings and fixtures, and other improvements, in order to carry 
on said mining operations, and said company may acquire and hold all needful machinery 
and apparatus, and may have a common seal, and the same may alter or change at pleas 
ure; may take, hold, manage, convey or transfer any real or personal estate or property 
5 T 



6 6 RECONSTRUCTION TENNESSEE. 

necessary for their business, or lease the same ; and may make by-laws for the government 
of the company. 

SEC. 2. Be it further enacted, That the capital stock of said company shall be five hundred 
thousand dollars, ($500,000, ) in shares of one hundred dollars each, and the corporators 
named in the first section of this act may act as directors in organizing 1 the company, and 
act as such until the stockholders have a general meeting, when they shall elect a board of 
five directors, and thereafter they shall elect directors annually at the place they may desig 
nate for business, but a failure to elect annually shall not work a forfeiture of this charter, 
but the then existing directors shall act until others are elected. The directors shall elect one 
of their members president, and may appoint a secretary and treasurer, and such other officers, 
operatives, and agents as they may think proper, and fix their compensation and wages. 

SEC. 3. Be it further enacted, That the company may sue any delinquent stockholder for 
default to pay in his stock, or any of it, according to the terms of the subscription or regu 
lations of the company, or may, if they choose, declare forfeiture of such stock, and may 
make such by-laws and rules in relation thereto as are not inconsistent with the constitution 
and laws of this State or of the United States. 

SEC. 4. Be it further enacted, That nothing in this act shall be so construed as to allow 
said company any banking privileges whatever, and a violation of this charter shall author 
ize the legislature to alter or repeal it. 

SEC. 5. Be it further enacted, That section 1 of an act to incorporate "The Raulston Oil and 
Slate Company," passed May 25, 1865, be so amended as to read thus: " That Albert G. 
Ransom, H. D. McKinney, R. S. Raulston, Hugh L. W. Raulston, W. W. Totten, and 
Charles Wescott, and their associates, successors, and assigns be, and they are hereby, con 
stituted a body corporate and politic by the name and style of The Raulston Coal, Iron, 
Oil, and Salt Company, and by that name and style shall have succession for ninety-nine 
years, with power to contract and be contracted with, sue and be sued, plead and be iin- 
pleaded, answer and be answered unto, in all courts of law and equity in this State or else 
where ; to have and to use a common seal and change the same at will ; also, to buy, lease, 
sell, grant, and convey lands in this State or elsewhere ; to explore and drill for, mine, pump, 
and raise coal, iron, salt, oil, petroleum, naptha, asphaltum, and all other minerals of every 
description, with the right to manufacture and refine said oils and minerals, and benzoin, 
burning fluids, dyes, and colors, and to such other purposes and uses as are now known or 
as science and chemistry may hereafter make known and discover ; also, the right to erect 
in this State or elsewhere on any lands they may acquire by purchase, gift, or lease, such 
furnaces, rolling mills, machinery, and fixtures as they may think proper ; to manufacture 
pig metal, rolled iron, and all other kinds of manufactured iron or other metals, as they may 
determine. Also the right to transport, sell, and dispose of all such oil, coal, iron, salt, and 
other minerals, together with all such manufactured articles, to vend at such places in this 
State, or elsewhere, as they may deem most profitable, and to have all other powers proper 
and needful for the successful prosecution of their business, and for the execution of the 
powers herein granted." 

SEC. 6. Be it further enacted, That J. A. Stevens, F. Linck, and J. M. Wambough be, 
and they are hereby, constituted a body corporate and politic, under the name and style of 
"The Jackson Mining and Petroleum Company," and shall have the same perpetuation* 
powers, and privileges granted in the foregoing sections of this act, with the same succes 
sion, rights, and franchises ; and, among other rights, to sue and be sued, to have and use a 
common seal, and to make such by-laws as shall not be inconsistent with this charter and 
the constitution and laws of the United States, or of the State of Tennessee ; and with 
powers to issue and sell stock in shares of one hundred dollars each, and the capital stock 
of said company shall be two hundred thousand dollars, with the privilege of increasing it 
to five hundred thousand dollars. 

SEC. 7. Be it further enacted, That so much of an act passed March the 19th, 1800, as 
refers to the South Nashville Street Railroad Company, and that so much of said act passed 
February 29, I860, as refers to the McGavock and Mount Vernon Horse Railroad Company 
be, and the same are hereby, respectively revived and amended as hereinafter provided. 

SEC;. 8. Be it further enacted, That the said South Nashville Street Railroad Company 
shall have the exclusive right of way, excepting as hereinafter provided; and by and with 
the consent of the mayor and aldermen and council, or the city authorities of Nashville, 
through Cherry and College streets in the city of Nashville, from the public square in said 
city, to any point or points two miles south of the southern and eastern boundary lines of 
said corporation, over which to constnict two lines of street railroads; also, through and 
over Cedar, Union, and Church streets, from College to Cherry .streets, and through Franklin 
street, or such other location as may In- agreed upon, in the southern part uf .said city, from 
Cherry street to Maple street, and through Maple street to its southern terminus. 

SEC. 9. Be it further enacted, That said company may make a branch street railroad from 
their main stem or trunk to and through Carroll street eastuanlly to the Lebanon turnpike 
road, and to extend the same at will southeastwardly along said turnpike road, not exceed 
ing two miles from the corporation line. 

SEC. 10. Be it further enacted, That E. H. East, M. Burns, E. R. Ghtsscock, Robert 
Thompson, and G. H. Wessel be added to the other commissioners originally named in the 



RECONSTRUCTION TENNESSEE 6 7 

McGavock and Mount Vernon Horse Railroad Company, and that they, their associates and 
successors, are hereby constituted said body politic arid corporate, for the uses and purposes 
set forth in said original charter. 

SEC. 11. Be it further enacted, That said McGavock and Mount Vernon Horse Railroad 
Company and the South Nashville Street Railroad Company shall have the right of way in com 
mon over the railroad tracks in and along the public square in the city of Nashville, and over 
the tracks of said roads, or either of them, from said square through Cedar street to Cherry, 
through Cherry street to Church street, through Church street to College street, through Col 
lege street from Church street to the public square, and along the south side of the public 
square to the suspension bridge piers, and along the west side to Cedar street, and to use, 
build, and occupy said railroad tracks in common, and upon such terms and conditions as 
may be fair and equitable. 

SEC. 12. Be it further enacted, That said two street railroad companies may hereafter, by 
and with the consent of the common council, mayor, and aldermen of the city of Nashville, 
build other branches to their respective roads over and through such other streets as may 
hereafter be selected, and that said companies may contract with other private companies for 
the right of way over their property, and lay down one or more tracks as arms or branches 
to said railroads to such point or points as may be agreed upon. 

SEC. 13. Be it further enacted, That said McGa^vock and Mount Vernon Horse Railroad 
Company shall have the exclusive right of way for a street railroad over such streets as maybe 
selected by said company for their main lines and branches, excepting as hereinbefore de 
clared in common for said two street railroads. 

SEC. 14. Be it further enacted, That said charters, hereby revived and amended, shall run 
for fifty years from and after its passage, and that all acts or parts of acts heretofore passed 
coming in conflict with this amended act be, and the same are hereby, repealed. 

SEC. 15. Be it further enacted, That Samuel Watkins, Wm. R. Elliston, Joseph T. Ellis- 
ton, John O. Evving, Charles Bosley, John H. Williams, Benjamin Litton, Wm. H. Gordon, 
R. H. McEwen, and W. R. Cornelius, their associates and successors, are hereby constituted 
a body politic and corporate, under the name of the West Nashville Street Railroad Company, 
and by that name may have succession for the term of fifty years, may sue and be sued, 
plead and be impleaded, may have and use a common seal, may receive, purchase, and hold 
such personal and real estate or property as may be necessary for carrying on the business 
of said corporation, and the same to sell and dispose of at pleasure ; may make all needful 
by-laws for the government of their said company, not inconsistent with the laws of the 
United States or of this State. 

SEC. 16. Be it further enacted, That said company is incorporated for the purpose of con 
structing and using a street railroad in the city of Nashville, westwardly, not exceeding two 
miles from the corporation boundary, over any two of Gay, Cedar, Church, and Broad 
streets, together with such streets running at right angles and between such two streets as 
may be selected : Provided, The same shall in no way interfere with the rights and privi 
leges hereinbefore granted to other companies, and that this charter is granted with the same 
rights, privileges, conditions, and restriclions as are granted and imposed, in every particular, 
u,pon the McGavock and Mount Vernon Horse Railroad Company, passed February 29, 1860. 

SEC. 17. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Represcnttttttt* 
SAMUEL R. RQDGERS, 

Speaker of the Senate. 

Passed June 9, 1865. 



CHAPTER XXXII. 

AN ACT to incorporate the United Hebrew Brethren Bern fit Society of Memphis. 

SECTION 1. Be it further enacted by the general assembly of the State of Tennessee, That 
J. M. Gnus, M. Skaller, M. Bren, L. Lyons, J. Heiligers, S. Goldbaum, S. Marks, and 
others, and all who shall hereafter become members and officers of the benevolent association 
known by the name and style of the "United Hebrew Brethren Benefit Society of Memphis," 
in the city of Memphis, in the county of Shelby, and State of Tennessee, be, and they are 
hereby, constituted a body politic and corporate, under the name and style aforesaid, witx 
full powers in their said corporate capacity to sue and be sued, plead and be impleaded, and 
hold personal and real property, stock, and incorporated hereditaments, and may dispose of 
tin- same in such manner as the said association may deem most expedient. 

SEC. 2. Be it further enacted, That the said United Hebrew Brethren Benefit Society may 
use a common seal, and change the same at pleasure; and enact, from time to time, such 
by-laws and regulations as may be required for the good order and government of said 
society, not inconsistent with the Constitution of the United States or the Stare of Tennessee ; 
and do and perform all other acts for their benefit not inconsistent with the privileges herein 
granted. 



6 8 EECONSTRUCTION TENNESSEE. 

SEC. 3. Be it further enacted, That the old German order of the Farugari, known as 
Jackson Lodge No. 11], he, and the same is herehy, incorporated, with the same powers 
and privileges as conferred by the other sections of this act, and not inconsistent with the 
laws of the State. 

SEC. 4. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Hr.firt srntatires. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 10, 1865. 

CHAPTER XXXIII. 

AN ACT to encourage the planting, improvement, and other interests of the State of Ten 
nessee, and for other purposes. 

SECTION 1. Be it enacted ly the general assembly of the State of Tennessee, That Edward 
Yardly, Thomas B. McElwee, Peter D. Luther, Wm. D. Whipple, T. W. Yardly, J. W. 
Barker, and John A. Spooner, be, and are hereby, incorporated into a body politic and cor 
porate, and their successors, under the corporate name and style of the " Tennessee Manu 
facturing and Improvement Company." 

SEC. 2. Be it further enacted, That the capital stock of this company shall be two hundred 
and fifty thousand dollars, divided into twenty -five thousand shares often dollars each, with 
the privilege of increasing the capital stock to an amount not exceeding five million dollars. 

SEC. 3. Be it further enacted, That this company shall have a common seal, and by its 
corporate name and style shall have power to transact all its business in its corporate name, 
purchase and lease lands, raise and manufacture cotton, also oil from cotton seed, together 
with the mining and dealing in coal, iron, marble, and any or all other valuable minerals : 
Provided, This company shall not engage in the business of banking. 

SEC. 4. Be it further enacted, That this company shall have full power and authority to 
open and make roads, by rail or otherwise, necessary for ingress and egress in its operations 
in shipping their products to market ; said company being at its own expense in the same, 
and rendering to owners of lands provided said owners are willing to dispose of the lauds 
just compensation for the right of way and land so appropriated. 

SEC. 5. Be it further enacted, That this company shall have power to elect its own officers, 
and establish by-laws, rules, and regulations for the government of the same in such man 
ner as the company may think best ; the same not being repugnant to this act. 

SKC. 6. Be it further enacted, That this corporation shall be subject to such taxes as may 
be imposed on similar institutions in this State. 

SEC. 7. Be it further enacted, That, with a view to the relief of the travelling community 
generally, and the incorporated turnpike companies of the State, permission is granted said 
turnpike companies to collect tolls at their several gates; the proceeds of the same, after, 
paying the expense of collection, shall be appropriated to the repair of said roads till the 
same are made equal to the requirements of the original charter, when this section shall 
cease to have any further effect. 

SEC. 8. Be it further enacted, That, to enable the Lebanon and Nashville Turnpike Com 
pany to rebuild the bridges burned by General Forrest s command across Mill creek and 
Stone s river, said company shall be allowed to charge double tolls so soon as oue or both of 
said bridges are completed, and so continue until the gross amount of the extra toll hereby 
allowed shall create a fund sufficient to discharge the debts incurred in rebuilding said 
bridges, and no longer, when the provisions of this section shall cease. 

SEC. 9. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of />Y/>/v>v nt/rtives. 
SAMUEL R. RODGERS, 

Speaker oftiie Senate. 

Passed June 9, 1865. 

CHAPTER XXXIV. 
AN ACT to incorporate the New York and Tennessee Petroleum and Mining Company. 

SECTION 1.* Be it enacted % the general aaaewhly of the State of Tennessee, That E. A. 
Stillmnn, L. B. Ostrander, IVtcr Dick, Joseph S. Rains, M. L. Parkhurst, T. 8. Briscoe, 
Edgar Hyke, Patrick Lavelle, Joseph Cochnnn, and C. J. Hall, (of whom the first five shall 
constitute the directors for the first year,) be, and they are, together with their associates, 
successors, and assigns, hereby constituted a body politic and corporate, by the name of 
"The New York and Tennessee Petroleum and Mining Company," for the purpose of ex- 



RECONSTRUCTION TENNESSEE. 69 

ploring for petroleum, rock oil, coal oil, salt, volatile substances, and all ores, minerals, and 
metals, and for mining, pumping, or obtaining by any other process, refining and vending 
the same, and for such purposes may have and hold in fee simple, or for a term of years, real 
or personal estate ; may mortgage, transfer, or convey the same ; may purchase, construct, 
or erect all necessary buildings, apparatus, roads, &c., for conducting their operations; may 
have a common seal, and alter or renew the same at pleasure ; enjoy all the privileges and 
immunities of similar corporations, and by that name may sue and be sued, plead and be 
impleaded, appeal, prosecute, and defend in suits and actions, in any court of law or equity 
in this or any other State ; may make such by-laws, rules, and regulations for accomplishing 
the objects of the corporation as may be deemed best from time tcrtiine by a majority of the 
board of directors : Provided, Such by-laws, rules, and regulations do not conflict with the 
spirit and letter of this charter, the Constitution and laws of the United States, or of the 
State of Tennessee. 

SEC. 2. Be it further enacted, That at any time within five years from the passage of this 
act a majority of the above named persons may meet in the city of Nashville, and after 
accepting this charter may proceed to open books for the subscription of stock. 

SEC. 3. Be it further enacted, That the capital stock of said company shall consist of not 
less than fifty nor more than five hundred thousand dollars, to be divided into such number 
of shares as the board of directors may determine. 

SEC. 4. Be it further enacted, That when twenty per cent, of the stock shall be subscribed 
for, and as much as ten per cent, in cash, or real or personal estate in fee or leasehold (the 
value of the same to be determined and agreed upon by the board of directors) shall be paid 
into the treasury of the company, or be in its legal possession, the board shall proceed to 
elect a president, secretary, treasurer, and such other officers as they may see fit. 

SEC. ;">. Be it further enacted, That the directors shall require books to be kept containing 
the names of the stockholders, the amount of their subscription, payments, transfers of stock, 
and every fact relating to the stock, which, at all reasonable times, shall be subject to the 
inspection of any and every stockholder. 

SEC. 6. Be it further enacted, That each stockholder shall be entitled to a certificate, or 
certificates, of the stock he or she may own, which certificate shall be signed by the presi 
dent and secretary of the company, and stamped with its seal. 

SEC. 7. Be it further enacted, That no transfers of stock shall be valid, until such transfer 
is registered onthe books of the company by the prescribed officer or regular transferring agent. 

SEC. 8. Be it further enacted, That the chief office of the company shall be at Nashville, 
but the directors may establish a branch office at the field of operations, and elsewhere, if 
the interests of the company are deemed to require it. 

SEC. 9. Be it further enacted, That the directors of the company shall not be less than five 
in number, and after the first year shall be chosen by the stockholders. 

SEC. 10. Be it further enacted, That nothing in this act shall be so construed as to allow 
banking privileges under this corporation. 

SEC. 11. Be itfuither enacted, That for any violation of this charter the legislature may 
alter, change, or repeal this act. 

SEC. 1& Be it further enacted, That C. Hamburgh, Thomas Hays, Sol. Barber, Jack Huff 
man, James Killeben, Moses Oldburn, and M. D. Davin, of the county of Montgomery, be, 
and they are hereby constituted, a body politic and corporate, by the name of "The 
Montgomery and Cumberland River Coal and Oil Company," with all the rights, powers, 
and privileges that are hereby granted to "The New York and Tennessee Petroleum and 
Mining Company." 

SEC. 13. Be itjurther enacted, That this act shall take effect from the date of its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Eepresentatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 10, 1865. 



CHAPTER XXXV. 
AN ACT to re-charter the Tennessee Marine and Fire Insurance Company. 

SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That Joseph 
Vaulx, \Vm. T. Berry, Samuel J. Carter, Joseph B. Knowles, Samuel Watkins, John M. Hill, 
James A. McAllister, or any three of them, be, and are hereby, authorized to open subscrib- 
tions in Nashville, for the capital stock of said company, on Monday, the 25th day of June 
next, and keep them open every day between the hours of 10 a. m. and 4 p. m., until Saturday, 
4 o clock p. m., the 30th day of the same mouth : Provided, The present stockholders in said 
company shall have the right to subscribe for stock not exceeding the amount now held by 
them in said company ; and the subscribers to the stock of the company, and their success 
ors, shall be, and they are hereby declared to be, a body politic and incorporate, by the name 
and style of the "Tennessee Marine and Fire Insurance Company," and by that name shall 



70 RECONSTRUCTION TENNESSEE. 

so continue until the first day of January, eighteen hundred and ninety-five, and be capable 
in law to sue and be sued, plead and be impleaded, answer and be answered, defend and be 
defended, in all courts of law and equity, or elsewhere; and to make and use a common seal, 
and the same to alter or renew at their pleasure; and generally to do and perform all things 
relative to the. objects of this institution which now is or shall be lawful for any individual or 
body politic or corporate to do. 

SEC. 2. Be it further enacted, That the capital stock of this company shall be one hundred 
thousand dollars, to be increased at the pleasure of the stockholders, not to exceed three hun 
dred thousand dollars, divided into shares of fifty dollars each: fifteen dollars on each share 
shall be paid at the time ofsubscribiug, arid ten dollars on each share shall at the same time be 
secured by negotiable notes with security, to be approved by the president and directors, 
payable in one of the banks of Nashville, in ninety days from the date, to the president, 
directors and company of said "Tennessee Marine and Fire Insurance Company:" the 
balance of said stock shall be secured by notes not having more than six months to run, with 
personal security, to be approved by the president and directors. 

SEC. 3. Be it further enacted, That so soon as five hundred shares are subscribed for and 
paid, or secured to be paid, the company shall be competent to transact all kinds of business 
for which it is established ; and it shall be lawful for the stockholders to meet as hereafter 
directed and choose their directors. 

SEC. 4. Be it further enacted, That said corporation is hereby authorized and empowered 
to hold, possess, and acquire, and the same to sell and convey, all such real estate as may be 
necessary for the transaction of its business, or which may be conveyed to said company for 
the security of any debt which may become due or owing, or in satisfaction of any judgment 
or decree rendered in favor of said company, and may make such regulations as may be 
necessary and proper for the good government of said company. 

SEC. 5. Be it further enacted, That the said Tennessee Marine and Fire Insurance Com 
pany shall have full power and authority to make insurances on ships and other sea vessels, 
and upon steamboats, flat-boats, and other river boats ; upon freight, seamen s wages, wares, 
and merchandise, and gold and silver, bullion, or money, against all maritime risks of the 
rivers, seas, or lakes ; and upon houses, stores, and other buildings, goods, wares, merchan 
dise, furniture, and other articles against fire, and upon bottomry and respondentia, and fix 
a premium thereon. And the said company shall have power first, to take insurance on 
lives ; second, to receive and hold land under grants, with general or special covenants, 
so far as the same may be necessary for the transaction of their business ; or when the 
same may be taken in payment of debts due the company, or purchased upon sale made 
under any law of this State, so far as the same may be necessary to protect the rights of said 
company, and the same again to sell, convey, and dispose of; and generally to do and per 
form all other things necessary to promote these objects. 

SEC. 6. Be it further enacted, That it shall be lawful for said company to invest any part 
of its capital stock, money, fund, or other property, in any public stock or funded debt, 
created or to be created, by or under any laws of the United Stales or this (or any other) 
State, or in the stocks of any chartered bank in this State or of the United States, and the 
same to sell or transfer at pleasure ; and again, to invest the same whenever and so often as 
the exigencies of said company or a due regard for the safety of its funds shall require; or 
they may loan the same, or any part thereof^ to individuals or public corporations, on real or 
personal security, for such periods of time as the directors for the time being shall deem pru 
dent and best for the interests of said company. 

SEC. 7. Be it further enacted, That the real and personal estate, business, property, and 
fund of said company, and the administration of its affairs, shall be under the direction, 
management, and control of a board of eleven directors, each of whom shall be owners in 
their own names of not less than ten shares of the capital stock of said company, citizens of 
the United States and of this State. 

SEC. 8. Be, it further enacted, That an election shall be held after the first election, for the 
board of directors for said company, at the office of said company in Nashville, on the first 
Monday in October in each year and every succeeding year, of which ten days notice shall 
be given in at least two of the newspapers printed in Nashville, each shareholder giving one 
vote for each share of which he or she may be the owner, but no shareholder shall be entitled 
to more than thirty-five votes ; and the persons so elected shall serve as directors for the next 
succeeding twelve mouths ; and if at any time an election shall not be held as herein pro 
vided, the said company shall not be dissolved ; but the hoard of directors for the time being 
shall serve until another election takes place, which mav bo at anytime thereafter, the board 
for the time being giving at least ten days notice thereof in two of the newspapers printed at 
Nashville; and the said directors are hereby authorized to fill any vacancy that may happen 
through death, resignation, or otherwise. 

SEC. 9. Be it further enacted, That the directors so elected shall elect one of their body 
president of said company, who shall serve until the next annual election; and in case of his 
death, resignation, or removal, the board shall appoint.a president pro tenipore ; they shall fill 
all vacancies which mny occur in their own body, and shall appoint a secretary, and all sub 
ordinate officers, clerks, agents, and servants of said company; fix their compensation, define 
their powers, and prescribe their duties ; who shall hold their offices during the pleasure of 
the board. 



RECONSTRUCTION TENNESSEE. 71 

SEC. 10. Be it further enacted, That the president and four directors, or five directors in the 
absence of the president, shall constitute a quorum to transact business for said company. 
The board of directors shall have full power and authority to establish agencies in this State, 
and any other State or States, appoint agents and other assistants fortonducting the business 
of the same, and prescribe the mode and amount of their compensation ; to appoint from 
their own body, risk and other committees, and establish by-laws and other regulations 
deemed necessary for the proper management of the business of said company. 

SEC. 11. Be it further enacted, That the stock of said company shall be held and considered 
personal property, and it shall not be assigned or transferred, except on the books of the 
company, and with the assent of two-thirds of the directors, and in the manner and forms 
which shall be prescribed by the board of directors ; yet such stock to be liable for the satis 
faction of debts, as prescribed by law. 

SEC. 12. Be it further enacted, That on the first Mondays of October and April of each year 
half-yearly statements shall be made exhibiting a true statement of the condition of the com 
pany, which shall be laid before the stockholders, and such dividends may be made as the 
president and directors may deem advisable, but they shall in no case diminish the capital stock. 

SEC. 13. Be it further enacted, That if at any time a stockholder shall fail to pay such 
instalments on his stock as may be called for at the time and in the manner prescribed, the 
board of -directors, for the time being, shall have full power to declare such stock forfeited, 
and shall, after giving ten days notice thereof, offer the same for sale, at public auction, to 
the highest bidder, for cash, and the number of shares so sold shall be transferred by the 
president of the board of directors to the highest bidder, who shall, by virtue of such transfer, 
become a member of said company, and if the sum bid be not equal to the amount paid and 
the call for which it is sold, the company may proceed to collect the residue from the original 
stockholder by suit in any court or tribunal of this State having jurisdiction thereof. 

SEC. 14. Be it further enacted, That the board of directors shall have the power at any 
time, when, in their opinion, the interest of the company requires it, to demand of any stock 
holder additional security for such part of his stock as may remain unpaid, and if such stock 
holder fail or refuse to give such additional security to the satisfaction of the board of directors, 
they may declare such stock forfeited, and sell the same as provided for in the preceding section. 

SEC. 15. Be it further enacted, That so soon as the amount of stock mentioned in the third 
section of this act is subscribed for, and after five days notice in two. of the newspapers 
published in Nashville, signed by any three members of the company, the stockholders shall 
meet at such time and place as may be appointed within the city of Nashville, and elect, by 
ballot, the first board of directors a plurality of votes given shall elect and the persons so 
elected shall, at their first meeting, elect one of themselves president of the board, who, with 
said directors, shall serve until the first Monday in October, 1866, and until another board of 
directors is elected. 

SEC. 16. Be it further enacted, That no stockholder or member of this company shall be 
answerable in his person or individual property for any contract or agreement of said com 
pany, or for any losses, deficiencies, or failures of the capital stock of this company, but the 
whole of said capital stock, together with all property, rights, and credits belonging thereto, 
and nothing more, shall, at any time, be answerable for the demands against said company : 
Provided, That any director, or directors, who shall sanction or aid in the continuance of 
said company after it shall become insolvent and unable to meet its liabilities, and said fact 
known to the directors, shall be held personally responsible for all deposits thereafter made, 
or liabilities thereafter incurred, by said company. 

SEC. 17. Be it further enacted, That nothing herein contained shall be so construed as to 
give the company hereby created the power of issuing bills of credit or exercising banking 
privileges. 

SEC. 18. Be it further enacted, That nothing herein contained shall be so construed as to 
prevent the legislature from granting similar powers and privileges to similar associations. 

SEC. 19. Be it further enacted, That the company hereby created shall have all the rights 
and privileges that belong by existing laws or that may hereafter be granted to other insur 
ance companies of this State. 

SEC. 20. Be it further enacted, That should the requisite amount of stock not be subscribed 
by the time specified in section one, those appointed to open .subscriptions, or any three of 
them may, from time to time, re-open books for the subscription of stock in this company, 
until the proper amount be taken : Provided, The time allowed for said subscriptions shall 
terminate on the first day of December next. 

SEC. 21. Be it further enacted, That a bonus to the State of half of one per centum upon 
their capital be paid for the use of common schools in the State of Tennessee. 

SEC. 22. Be it further enacted, That the law requiring the Union Insurance Company and 
the Life Insurance Company, called "The East Tennessee Mutual and Trust Company," 
to deposit with the comptroller of the State twenty thousand dollars of six per cent, bonds of 
the State be, and is herebv, repealed. 

SEC. 23. And be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Passed June 10, 1865. Speaker of the Senate. 



72 RECONSTRUCTION TENNESSEE. 

Resolutions. 

NUMBER I. 
JOINT RESOLUTION to compare the vote for governor. 

Resolvedly the general assembly of the State of Tennessee, That the two houses meet in the 
representatives hall, on luesday the 4th instant, for the purpose of comparing the vote cast 
m the election for governor, held on the 4th day of March, M>5, in the State of Tennessee 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Adopted April 4, 18G5. 8ptalur f the Senate 



NUMBER II. 
A JOINT RESOLUTION of respect to the memory of Hon. Samuel K. McCammon. 

1. Resolved by the general assernUy of the State of Tennessee, That we deeply regret the 
death ot lion. Samuel McCammon, joint representative from the counties of Knox and Sevier 
that m his death this body has lost an experienced and useful member, the State a <rood 
citizen, the government a firm and ardent supporter. 

2. Resolved, That we sympathize with his bereaved wife and children, and as a token of 
respect for his memory, that we wear the usual badge of mourning for thirty days 

3. Resolved, That a copy of these resolutions be forwarded to his widow, and the same be 
spread on the journal of this house. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives 
SAMUEL R. RODGERS 

Adopted April 4, 1865. ^ er f ** Senate 

NUMBER III. 

SENATE RESOLUTION to print rules for its government. 

Resolved, That one hundred copies of the rules of 1859 and 1860, adopted on yesterday 
be published for the use of the senate. y 

SAMUEL R. RODGERS, 

Adopted April 4, 1865. Speak * r f th Senate 

NUMBER IV. 
SENATE RESOLUTION fixing number of papers to be taken by members. 

Resolved, That the members of the senate select each three of the daily papers of this 
city and no more, and that the same be paid for out of the State treasury. 

SAMUEL R. RODGERS, 
Adopted April 4, 1865. Speaker fthe Senate 

NUMBER V. 
SENATE RESOLUTION inviting General Thomas to a seat in the senate. 

Resolved, That Major General George H. Thomas be invited to visit the senate and that 
committee of three be appointed to notify him of this invitation. 

SAMUEL R. RODGERS, 

A , Speaker of the Senate. 

Adopted April 4, 1865. 



RECONSTRUCTION TENNESSEE. 73 

NUMBER VI. 
SENATE RESOLUTION to open the senate with prayer. 

Resolved, That the daily proceedings of the senate shall be opened by prayer, and to this 
end the speaker be authorized to invite the loyal clergymen present in the city to officiate. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 



NUMBER VII. 
JOINT RESOLUTION to notify the governor of his election. 

Resolved by the general assembly of the State of Tennessee, That a committee of two be ap 
pointed on the part of the senate, and such committee as the house of representatives may 
appoint, to notify his excellency, Governor William G. Brownlow, of his election as gover 
nor of the State of Tennessee, and request him to designate what time will suit him to be 
inaugurated. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 

NUMBER VIII. 
JOINT RESOLUTION to meet in convention to inaugurate the governor. 

Resolved by the general assembly of the State of Tennessee, That the senate will meet the 
house of representatives in the hall of the latter at 11 o clock a. m. f on to-morrow, to parti 
cipate in the inauguration ceremonies. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of tlie Senate. 
Adopted April 5, 1865. 

NUMBER IX. 

JOINT RESOLUTION adopting the amendments of the Constitution of the United States 

abolishing slavery. 

Resolved by the general assembly of the State of Tennessee, That the amendments of the 
Constitution of the United States proposed by the Congress of the United States on the first 
day of February, 1865, in the words and figures following, to wit: 

" Resolved by the Senate and House of Representatives of the United States in Congress as 
sembled, (two-thirds of both houses concurring,) That the following article be proposed to 
the legislatures of the several States as an amendment to the Constitution of the United 
States, which, when ratified by the legislatures of three-fourths of said States, shall be valid, 
to all intents and purposes as a part of the Constitution, namely: 

"ARTICLE VIII. 

"SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime, 
whereof the party shall have been duly convicted, shall exist within the United States or 
any place subject to their jurisdiction. 

"SEC. 2. Congress shall have power to enforce this article by appropriate legislation. 

" A. LINCOLN. 
"Approved February ], 1865." 

Be, and the same is hereby, ratified as a part of the Constitution of the United States of 
America. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 5, 1865. 



74 RECONSTRUCTION TENNESSEE. 



NUMBER X. 

A JOINT RESOLUTION tendering the thanks of the general assembly of the State of 

Tennessee to Gen. Thomas. 

WHEREAS, The major general commanding the department of the Cumberland has directed 
Brevet Brigadier General Donaldson, chief quartermaster, to give free transportation on 
United States military railroads to senators and representatives of the State, and the quarter 
master has requested, in writing, that the information be furnished to him : therefore, 

Resolved by the general assembly of the State of Tennessee, That the thanks of the general 
assembly of the State of Tennessee are hereby tendered to Major General Thomas, com 
manding, for his kindness and liberality ; and that the clerk of the senate furnish to Brevet 
Brigadier General Donaldson a list of the names of the senators, and that the clerk of the 
house furnish a list of the names of the members of the house and their officers and reporters, 
in compliance with his request. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 10, 1865. 



NUMBER XI. 

JOINT RESOLUTION tendering the thanks of the loyal people of Tennessee to the legis 
lature of Ohio. 

Whereas the legislature of Ohio did, on the 31st day of March, 1864, pass a joint reso 
lution instructing their senators and requesting their representatives in Congress to use their 
influence to have enacted proper laws to feed, clothe, and furnish transportation to the desti 
tute people of East Tennessee, who by the ravages of war were compelled to leave their 
homes and seek homes in a strange land amongst strangers ; and whereas said resolution 
was, in the opinion of the people, of East Tennessee, one of the legitimate offsprings of the 
patriotism and love of country of the gallant and self-sacrificing people ,,f Ohio, and strength 
ened the bonds of friendship and brotherly love existing between the loyal people of Ten 
nessee and Ohio : Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That the thanks of the 
loyal people of the State of Tennessee are hereby tendered to the legislature of Ohio for this 
manifestation of their confidence and esteem, and for this Christian and patriotic offer to 
relieve the destitute of our State. 

Resolved, That the secretary of State be, and he is hereby, instructed to transmit imme 
diately a copy of this preamble and resolutions to the secretary of state of Ohio, with a 
request that he lay the same before the legislature of said State now in session. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Adopted April 11, 1865. 



NUMBER XII. 

JOINT RESOLUTION directing the State treasurer to pay to members of the legislature 

the amount due them. 

Resolved by the general assembly of the State of Tennessee, That the acting treasurer of the 
State pay to each member of the senate and house of representatives, and the officers thereof, 
the amount that may be due them when they apply for the same, and take a receipt for the 
same, which shall be good at the close of the session in the settlement of their accounts. 

WILLIAM 1 1 Kl SKULL, 
Speaker of tin- llomn- of /.Y/m,w iitatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 11, 1865. 



RECONSTRUCTION TENNESSEE. 75 

NUMBER XIII. 
JOINT RESOLUTION to elect a secretary of state. 

Whereas a vacancy has occurred in the office of secretary of state : Therefore, 
Resolved by the general assembly of the State of Tenncsste, That the senate and house of 
representatives meet in convention in the representative hall, on Monday, the 17th day of 
April, at 2 o clock, p. m., to fill said vacancy. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 12, 1865. 

NUMBER XIV. 
JOINT RESOLUTION to raise a committee on the State library. 

Resolved by the general assembly of the State of Tennessee, That a joint committee be ap 
pointed on the State library, two on behalf of the senate and three on behalf of the house of 
representatives. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 12, 1865. 

NUMBER XV. 

JOINT RESOLUTION to appoint a joint committee of the two houses to report joint rules 
and regulations for the government of both houses. 

Resolved ly the general assembly of the State of Tennessee, That the speaker of the senate 
appoint a committee of three, to act in conjunction with such committee as may be appointed 
on the part of the house of representatives, to report joint rules and regulations for the govern 
ment of the two houses. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 12, 1865. 

NUMBER XVI. 
JOINT RESOLUTION to raise a joint committee to redistrict the State. 

Resolved by the general assembly of the State of Tennessee, That a committee of five on the 
part of the senate, and such number as the house of representatives may appoint, shall con 
stitute a joint committee, who shall report a bill redistricting the State for members of Con 
gress, and senators and representatives to the State legislature, as required by law. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 12, 1865. 

NUMBER XVII. 

JOINT RESOLUTION to appoint a committee to investigate the past and present condition 
and management of the penitentiary. 

Resolved ly the general assembly of the State of Tennessee, That the committee on the peni 
tentiary be, and they are hereby, constituted a joint committee to investigate the past and 
present condition and management of the penitentiary, and that they be authorized to send 
for persons and papers. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 
Adopted April 14, 1865. Speaker of the Senate. 



76 RECONSTRUCTION TENNESSEE. 



NUMBER XVIII. 

JOINT RESOLUTION appointing a committee to report what action should be had with 
reference to the death of President Abraham Lincoln. 

Whereas the members of the general assembly have learned with sadness and sorrow of 
the melancholy death, by assassination, of Abraham Lincoln, late President of the United 
States, therefore be it 

Resolved by the general assembly of the State of Tennessee, That there be a joint committee, 
of five in the senate and five in the house of representatives, to be appointed by the re 
spective speakers, to take into consideration and report what action should be taken by the 
legislature on the mournful and sorrowful occasion. 

WILLIAM HELSKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 17, 1865. 

NUMBER XIX. 

JOINT RESOLUTION expressing the sense of the general assembly on the death of Presi 
dent Abraham Lincoln. 

Whereas the death of Abraham Lincoln, President of the United States, in the full vigor 
of his physical and mental faculties, by the hand of an assassin, is a bereavement that ex 
tends to all parts of the nation ; and particularly does it affect the people of those States 
who have for years been suffering from the weight of military rule, made necessary by the 
rebellion, and who were endeavoring to restore their political relationship to the government 
of the United States ; 

Whereas, in his death, the nation mourns the loss of one of her most gifted and worthy 
sons the "highest officer, the President, and slain because he was the President of the 
United States, it is right and proper that the general assembly of the State of Tennessee 
should express, as such, in an appropriate manner, its sorrow at his death ; its condemna 
tion of the assassin who committed it, and the men who plotted the hellish deed ; its appre 
ciation of the high intellectual, moral, and social qualities which ever characterized his pri 
vate life ; and its approval of the large-hearted patriotism which marked his administration, 
showing that his course of action was impelled by humanity, rather than calculation ; 

Whereas the laborious duties of the executive office during the trying times of the great 
rebellion gave ample scope to a heart full of sympathy and warm affections. As President, 
Le had a wide field for manly action. There was displayed his love of the right and his 
scorn for the wrong. Here his large-heartedness was made conspicuous, and his generosity 
and charity bore fruit. He was, as President, a model. The honors he coveted were hon 
orable. With a wise and lofty patriotism, unsurpassed by any, he applied the powers of his 
great mind to work out the true principles upon which the union of the States could be pre 
served. The measures proposed were as nothing, unless they were calculated to accomplish 
the end so earnestly desired. His recommendations were always directed towards its main 
tenance, and were uniformly enforced with a facility and aptness of illustration which seemed 
inexhaustible ; 

Whereas Abraham Lincoln s originality of manner, his humor, wit, sarcasm, and wondrous 
powers of ridicule, were weapons particularly his own, which no one else could imitate. Add 
to these qualities courage, will, and indomitable persistency of purpose, which never flagged 
or faltered, and he was a power felt and acknowledged by the nation. Take him all in all, 
it will be long ere we look upon his like again ; 

Whereas he is dead ; but the days of his pilgrimage, although in troublesome times, were 
full of honor, love, and troops of friends. The nation mourns. Peace be with him. There 
fore, 

Be it resolved by the general assembly of the State of Tennessee, That, in the death of Abra 
ham Lincoln, President of the United States, we wo urn in heart-felt sorrow the loss of the 
nation. 

Resolved, That in token of his memory we wear the usual badge of mourning, and that 
our respective halls be draped in the habiliments of woe. 

Resolved, That we cannot find language strong enough to express our condemnation of 
the assassin who performed, ami the conspirators who plotted, the deed, and heartily de 
sire that they meet a speedy and deserved punishment. 

Resolved, That we deeply condole with the family of the deceased in this the hour of 
their great bereavement, and fully sympathize with them in their terrible affliction and over 
whelming grief. 



RECONSTRUCTION TENNESSEE. 7 7 

Resolved. That a copy of these resolutions be forwarded to the family of the deceased by 
the secretary of state. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker uf the, Senate. 
Adopted April 17, 1865. 

NUMBER XX. 
JOINT RESOLUTION to support the administration of President Johnson. 

Resolved by the general assembly of the State of Tennessee, That confiding- in the patriotism 
and integrity of Andrew Johnson, we will give his administration of the government the same 
cordial support accorded by the loyal people of the nation to his predecessor. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 17, 1865. 

NUMBER XXI. 

JOINT RESOLUTION requesting the governor of the State to communicate certain facts 
to the President of the United States. 

Believing that the time has arrived in the political status of the State of Tennessee when 
the loyal people of said State are anxious and desirous that civil law and order should be re 
stored and prevail throughout the borders of the whole State, and that they should once more 
be permitted to resume their political and social relations with the government of the United 
States of America to accomplish this end, therefore, be it 

Resolved by the general assembly of the State of Tennessee, That his excellency, the governor 
of the State of Tennessee, is hereby requested to make known to the President of the United 
States the actions and proceedings of the late State convention, begun and held in Nashville 
on the 9th day of January, 1865, with regard to the amendments to the constitution of the 
State of Tennessee ; also of the ratification of said amendments by the loyal people of said 
State, at the ballot-box, on the 2 2d day of February last. 

Resolved, further, That his excellency, the governor, also make known to the President of 
the United States the action of the present legislature of the State of Tennessee upon the 
adoption of the amendment to the constitution of the United States ; and that he respectfully 
request the President of the United States to make known to the loyal citizens of the State 
of Tennessee, by proclamation or otherwise, that the State of Tennessee be no longer con 
sidered in a state of insurrection, and that the loyal people of said State be granted all the 
rights and privileges that are granted or allowed to the loyal citizens of any of the sister 
States that are not considered in a state of rebellion against the government of the United 
States. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Adopted April 21, 1865. 

L J. ^ 

NUMBER XXII. 
JOINT RESOLUTION allowing mileage to Messrs. Grantham and Tighe. 

Resolved by the general assembly of the State of Tennessee, That Willis Grantham, the appli 
cant for the seat of Furney Jones, from the county of Claiborne, and Samuel T italic, the 
contestant for the seat of M. T. Ryder, from the county of Shelby, be allowed their mileage 
and per diem up to this day, and that the amount so appropriated be included in the general 
appropriation bill; it appearing to the satisfaction of the legislature that their claims were 
meritorious, if not legal. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 22, 1865. 



78 RECONSTRUCTION TENNESSEE. 

NUMBER XXIII. 
JOINT RESOLUTION to meet in convention to elect a comptroller. 

Whereas a vacancy has occurred in the office of the comptroller of the treasury ; There 
fore, be it 

Resolved by the general assembly of the State of Tennessee, That the senate and house of 
representatives meet in convention on Tuesday, the 25th day of April, at 10 o clock a. m v 
to nil said vacancy. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 22, 1865. 



NUMBER XXIV. 
JOINT RESOLUTION raising 1 a joint committee on ways and means. 

Resolved by the general assembly of the State of Tennessee, That the committee on finance 
and ways and means of the senate, and the committee on ways and means of the house of 
representatives, shall constitute a joint committee on ways and means. 

WILLIAM HEISKELL, 
Speaker of the, House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 24, 1865. 



NUMBER XXV. 
JOINT RESOLUTION to meet in convention to elect registers of land offices. 

Resolved by the general assembly of the State of Tennessee, That the senate will meet the 
house of representatives in the hall of the latter on the 29th instant, at 11 o clock a. m., to 
elect registers of the land offices for the districts of Eastern, Middle, Western, and the moun 
tain district of Tennessee. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 24, 1865. 



NUMBER XXVI. 
JOINT RESOLUTION for the benefit of V. Myers. 

Resolved by the general assembly of the State of Tennessee, That the comptroller of the 
treasury of the State pay V. Myers, contestant for the seat in the 4th senatorial district, the 
mileage and per diem that would have been due him if he had been admitted t> his seat. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 24, 1865. 

NUMBER XXVII. 
JOINT RESOLUTION to meet in convention to elect secretary of state. 

Resolved by the general assembly of the State of Tennessee, That the senate meet the house 
of representatives in joint convention in the hall of the latter on Thursday, the 2?th instant, 
at 1U o clock, for the purpose of electing a secretary of state. 

WILLIAM HEISKELL, 
Speaker of the House of Rrprt.^ntftives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 23, 1865. 



RECONSTRUCTION TENNESSEE. 79 

NUMBER XXVIII. 
JOINT RESOLUTION to meet in convention to elect a treasurer and secretary of state. 

Resolved by the general assembly of the State of Tennessee, That the senate meet the house 
of representatives in the hall of the latter on the 27th instant, at ]0 o clock, to elect a State 
treasurer at the same time of the election of secretary of state. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 
AGopted April 25, 1865. Speaker of the Senate. 

NUMBER XXIX. 
JOINT RESOLUTION in regard to the State library. 

Resolved by the general assembly of the State of Tennessee, That the State library be 
opened during the meeting of the general assembly, from 8 o clock a. m., until 5 o clock p. 
in., continuously. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 
Adopted April 27, 1865. Speaker of the Senate. 

NUMBER XXX. 

JOINT RESOLUTION to meet in convention to elect Senators to the United States Con 
gress. 

Resolved by the general assembly of the State of Tennessee, That the senate meet the house 
of representatives in the hall of the latter on Thursday, 4th of May next, at 10 o clock, for 
the purpose of electing two Senators to the next Congress of the United States. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 
Adopted April 24, 1865. Speaker of the Senate. 

NUMBER XXXI. 

A JOINT RESOLUTION to declare the office of comptroller of the treasury of the State of 

Tennessee vacant. 

Whereas the two houses met in convention in the representative hall on the 25th of April 
and voted for a comptroller ; and whereas a majority of the votes cast in said election was 
for Hon. J. R. Dillon for said office ; and whereas part of the tenth section of the second 
article of the constitution of the State of Tennessee is as follows, viz : "No senator or rep 
resentative shall, during the time for which he was elected, be eligible to any office or place 
of trust, the appointment of which is vested in the executive or the general assembly, except 
to the office of trustee to a literary institution;" and whereas it appears from the above 
recited clause of the State constitution that Mr. Dillon was not eligible to said office on ac 
count of his holding a seat in this legislature : Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That we now declare the 
office of comptroller of the treasury of the State of Tennessee now vacant and should be 
filled by the election of some competent and eligible person to fill said vacancy. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 29, 1865. 

DUMBER XXXII. 

JOINT RESOLUTION to meet in convention to elect a public printer. 
Resolved by the general assembly of the State of Tennessee, That the members of the senate 
and the house of representatives meet in the hall of the house on Tuesday, the 2d day of 
May, for the purpose of electing a public printer. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 29, 1865. 



80 RECONSTRUCTION TENNESSEE. 

NUMBER XXXIII. 
JOINT RESOLUTION to meet in convention to elect a State librarian. 

Resolved by the general assembly of the State of Tennessee, That the two houses meet in 
convention in the hall of the house of representatives on Tuesday, the second day of May, 
at 10 o clock a. m., for the purpose of electing a State librarian. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 29, 1865. 



NUMBER XXXIV. 

JOINT RESOLUTION offering a reward of five thousand dollars for the apprehension of 

Isham G. Harris. 

Whereas treason is the highest crime known to the laws of the land, and no one is pre 
sumed to understand the true meaning of the term better than governors of States, and cer 
tainly no one should be held to a more strict account for their treason ; and 

Whereas the State of Tennessee, before the rebellion, enjoyed a high social, moral, and 
political position, and had the well-earned reputation of the Volunteer State ; and 

W T hereas by the treason of one Isham G. Harris, ex-governor of Tennessee, the State has 
lost millions of dollars, and thousands of the young men of the State have been killed in 
battle and died of disease, and thousands of the middle-aged and old men have been murdered 
and imprisoned, and defenceless women and children driven from the State, heart-broken and 
penniless; and 

Whereas the voters of Tennessee did, in the month of February, 1861, by a majority of 
sixty thousand, repudiate treason and rebellion, but the aforesaid Isham G. Harris, well 
knowing the true sentiments of the State upon treason and rebellion, and wholly disregard 
ing the overwhelming expression of popular sentiment, did use his position as governor as 
aforesaid, to put the State in rebellion and hostility to the government of the United States, 
and is guilty of treason, perjury, and theft, and is responsible to a great extent for the war, 
misery and death of thousands of the citizens of the State, and for the desolation of the 
same from east to west and from north to south ; the cries of the wounded and dying, the 
wail of the widow, the weeping of the orphan, come to us upon every breeze, imploring us 
to punish the instigators of the rebellion : Therefore, for the reasons aforesaid, be it 

Resolved by the general assembly of the State of Tennessee, That the governor of the State 
is hereby authorized and instructed to offer a reward of five thousand dollars for the appre 
hension and delivery to the civil authorities of the State the aforesaid Isham G. Hams; and 
he shall fully describe said fugitive from justice, and shall make publication for three months, 
or longer if he may think proper, in one newspaper in each of the grand divisions of the 
State, and a paper published in Richmond, Virginia ; Raleigh, North Carolina; Savannah, 
Georgia ; Little Rock, Arkansas ; New Orleans, Louisiana ; and shall publish the preamble 
with his proclamation. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 1, 1865. 



NUMBER XXXV. 
A JOINT RESOLUTION to meet the house in convention to elect a State comptroller. 

Resolved by the trc.nrrul nxscmlly of the State of Tennessee, That the senate meet the house 
of representatives in joint convention on Thursday, the second day of May, at ten o clock, 
to elect a State comptroller. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 1, 1865. 



RECONSTRUCTION TENNESSEE. 8 1 

NUMBER XXXVI. 
JOINT RESOLUTION to raise a joint committee to wait on the national banks of the State. 

Resolved by the general assembly of the State of Tennessee, That a committee of three on the 
part of the senate, and such committee as the house of representatives may appoint, shall con 
stitute a joint, committee to ascertain what, if any, arrangements can be made with the 
national banks in each division of the State to receive the public funds of the State and dis 
burse the same, as is now provided by law for the Bank of Tennessee and branches. 
Resolved, That said committee report as early as possible. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 2, 1865. 

NUMBER XXXVII. 
JOINT RESOLUTION to meet in convention to elect an entry- taker for the Ocoee district. 

Resolved by the general assembly of the State of Tennessee, That the senate and house of 
representatives meet in the hall of the latter on Tuesday, the second day of May next, for the 
purpose of electing a register and entry-taker for the Ocoee district,in the State of Tennessee. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 2, 1865. 



NUMBER XXXVIII. 

JOINT RESOLUTION appointing commissioners to settle with the Louisville and Nash 
ville railroad. 

Resolved by the general assembly of the State of Tennessee, That the comptroller, secretary 
of state, attorney general of the State, and commissioner of public roads of the State of Ten 
nessee, be, and are hereby, constituted commissioners, on behalf of the State of Tennessee, 
to meet and make a settlement with the Louisville and Nashville Railroad Company, and 
make a report thereof to this session of the general assembly, if practicable ; if not, to the 
next session of the same. 

Be it further resolved, That if such settlement cannot be made by said commissioners with 
said Louisville and Nashville railroad as shall be satisfactory to them, the fact shall be made 
known to the governor of the State, and he may direct the attorney general of the State to 
institute such legal proceedings against said company as may be necessary to protect the in 
terests of the State. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 5, 1865. 

NUMBER XXXIX. 
JOINT RESOLUTION applying to the President for troops. 

Whereas the fourth section of the fourth article of the Constitution of the United States 
provides that the United States shall guarantee to every State of this Union a republican form 
of government, and shall protect each of them against invasion, and on application of the 
legislature, or of the executive when the legislature cannot be convened, against domestic 
violence ; and 

Whereas the State of Tennessee is one of the States of this Union, and is constantly *i- 
vadcd by armed bands of guerillas from the so-called Confederate States, and subject at all 
times to violence by domestic traitors, murdering and robbing the loyal citizens, stealing and 
carrying off their property, and hindering, delaying, and preventing the execution of the civil 
laws of the State ; and 

Whereas the greater portion of the young and middle-aged loyal men are in the United 
States army, and the old men have neither arms nor ammunition, consequently defence- 
6T 



82 RECONSTRUCTION TENNESSEE. 

less, and the financial condition of the State is such that it is impossible to create a fond to 
clothe, arm, feed, and pay troops for State defence, to meet the usual expenditure of the State, 
and provide for the payment of the interest accrued on the bonds of the State, together with 
Tennessee s portion of the twenty million apportioned amongst the States by an act of Con 
gress of August, 186 J, will be all, if not more than the people can possibly meet: Therefore, 
be it 

Resolved by the general assembly of the State of Tennessee, That the legislature of the State 
aforesaid, by virtue of the authority of the fourth section of the fourth article of the Constitu 
tion of the United States aforesaid, do make this application to his excellency Andrew John 
son, President of the United States, and commander-in-chief of the army of the same, to place 
umder the direction and control of the proper military authority, in pursuance of the Consti 
tution and laws of the United States, and under the control and direction of such authority 
as in his opinion may be right and proper, a sufficient number of Tennessee troops now in 
the United States service to repel invasion, and drive the invader from the State, and sup 
press any and all violence by armed domestic traitors, to protect loyal citizens, and aid and 
assist the civil officers in executing the civil laws of the State. 

Resolved, That the secretary of state shall, immediately after the passage of this resolution, 
transmit a copy of the same, together with the preamble, under the great seal of the State, to 
the President of the United States, asking him to notify the legislature now in session, at as 
early a day as convenient, what action he will take in the premises. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Adopted May 9, 1865. 



NUMBER XL. 
A JOINT RESOLUTION appointing a committee to memorialize Congress. 

Whereas, by the presence of the federal troops in the State of Tennessee, rendered neces 
sary by the armed resistance to the laws of the United States of a portion of its citizens, 
many military supplies have been taken from the loyal citizens of the State in an irregular 
manner, and much damage has been done to the property of unconditionally loyal citizens ; and 

Whereas, by article five of the amendments to the Constitution of the United States, it is de 
clared that private property shall not be taken for public use without just compensation ; and 

Whereas the loyal citizens of Tennessee are entitled to the same consideration and protec 
tion as are the loyal citizens of any other State in the Union : Therefore, be it 

Resolved by the general assembly of the State of Tennessee, That a committee of two on the 
part of the senate, and five on the part of the house, be appointed to prepare a memorial to 
the Congress of the United States, setting forth the obligations of the government of the 
United States to pay the loyal citizens of Tennessee for property taken from them by officers 
and soldiers of the United States, and paying that some legislation be had by Congress, 
making provisions to enable those loyal citizens who may have sustained losses in the man 
ner already described to prove such losses, and that an appropriation be made by Congress 
to pay such loyal claimants. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of tlie Senate. 

Adopted May 10, 1865. 



NUMBER XLI. 
RESOLUTION of inquiry in relation to the Hermitage property. 

Resolved, That his excellency the governor be, and he is hereby, requested" to communi 
cate to the senate all the information in his possession in reference to the present status of 
the Hermitage property, including an account of its purchase by the State, the amount paid 
for it, and all subsequent legislation in regard to it, and what acts of ownership have been 
exercised over it by the State, and all other information he may deem proper, as well as any 
recommendation he may have to offer regarding its future management. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 12, 1864. 



RECONSTRUCTION TENNESSEE. 83 



NUMBER XLIL f 

JOINT RESOLUTION raising a joint committee on the elective franchise. 

Resolved by the general assembly of the State of Tennessee, That the judiciary committee of 
the senate and the judiciary committee of the house of representatives compose a joiut com 
mittee on the subject of the elective franchise, and be instructed to bring in a bill on that sub 
ject to-morrow lor action on that day. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R RODGERS, 

Speaker of the. Senate. 
Adopted May 16, 1885, 

NUMBER XLIII. 

JOINT RESOLUTION requesting the governor to lay before the legislature certain cor 
respondence. 

Resolved by the general assembly of the State of Tennessee, That the governor be, and is 
hereby, requested to lay before the legislature all correspondence, if any, he may have had 
with James T. Dunlap, late comptroller of the treasury, relative to a return of the archives 
f the State ; also with Vernon K, Stevenson, president of the Nashville and Chattanooga 
Railroad Company, relative to said road ; also, with Graiiville C. Torbett, late president of 
the Bank of Tennessee, relative to a return of the assets of said bank, if, in the opinion of 
his excellency, the said information will not be detrimental to the public welfare. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGfERS, 

Speaker of the Senate. 
Adopted May 19, 1865. 



NUMBER XLIV. 

A JOINT RESOLUTION declaring certain civil offices vacant, and providing for filling of tho 

same. 

Whereas a waar has existed in the State of Tennessee for four years, and during the 
greater part of that time all civil tribunals luive been closed, and most of the officers holding 
offices have wilfully abandoned their offices, and neglected or refused to perform the duties 
incumbent upon them by the laws of the land, and in pursuance of the Constitution of the 
United States and of the State of Tennessee ; and whereas many of the civil offices thus 
abandoned and vacated have been filled by appointments made by the acting governor of 
the State since the 7th day of March, 1862, which should be ratified and confirmed : There 
fore, 

Resolved by the general assembly of the State of Tennessee, That all civil offices of the 
State of Tennessee, to which their respective incumbents were elected and qualified previous 
to the 6th day of May, 1861 , and who, after such election arid qualification, have voluntarily 
abandoned their offices and AVI 1 fully neglected and refused to perform the duties required of 
them by law, are hereby declared vacant. 

Resolved further, That all of the offices in the State of Tennessee that have been filled by 
appointment and election under the authority of the usurped State government, after the 
declared independence of the State of Tennessee, and after the 6th day of May, 1861, are 
hereby declared vacant. 

Resolved further, That all civil officers who have beea appointed since the 7th day of May, 
1862, by his excellency Andrew Johnson, acting governor of the State, or who have been 
elected ana qualified under his various proclamations, are hereby ratified and confirmed, 
and they shall continue to hold and exercise the functions of their respective offices until suc 
cessors shall be elected and qualified as prescribed by the laws and constitution of the Stato 
of Tennessee and of the United States. 

Resolved further, That his excellency William G. Brownlow, governor of the State, be, 
and he i.s hereby, requested, as soon as in his opinion he deems it advisable, to issue his 
proclamation ordering elections to be held in the respective counties of the State where such 
vacancies have occurred, requiring the people of the State to fill such vacancies in pursuance 
of the laws of the State ; and in the mean time, until such elections are held, that he proceed 
and fill the vacancies by the appointment of suitable and proper persons until their successors 



84 RECONSTRUCTION TENNESSEE. 

shall be elected and qualified ; and the governor is clothed with full power to appoint special 
officers to hold sa^d elections for each county, with full power to appoint deputies to perform 
all the duties as now required by law, where no regular officers are performing civil duties. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Approved May 20, 1865. 



NUMBER XLV. 

JOINT RESOLUTION to raise a joint committee to examine into the condition of the 
Bank of Tennessee and branches. 

Resohcd ly the general isscmbly of the State of Tennessee, That a joint committee of one 
from the senate and two from the house be appointed to examine the condition of the Bank 
of Tennessee and branches a committee to the principal bank and one to each branch, with 
liberty to send for persons and papers, and that they report to the regular session in October. 

Committee on the part of the senate appointed under the above resolution. Rogersville, 
Senator McKinney ; Athens, Senator McElwee ; Sparta. Senator Bosson ; Columbia, Senator 
Fiierson ; Knoxville, Senator Rodgers; Trenton, Senator Hall; Memphis, Senator Smith ; 
Clarksville, Senator. Peart ; Shelby villc, Senator Spence; Suminerville, Senator Hurst. 

Committee of the house. Principal bank at Nashville, Messrs. Cooper and Lewis; branch 
at Rogersville, Messrs. Willis and Minuis ; branch at Knoxville, Messrs. Heiskell and Don 
aldson ; branch at Athens, Messrs. Henderson and Hood ; brancn at Sparta, Messrs. Ander 
son and Faulkner ; branch at Columbia, Messrs. Arnell and Gilmer ; branch at Shelbyville, 
Messrs. Mullens and Steele ; branch at Trenton, Messrs. McNair and Norman; branch at 
Memphis, Messrs. Richards and Rider ; branch at Somerville, Messrs. Smith and Warren ; 
branch at Clarksville, Messrs. Wines and Mulloy. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 20, 1865. 



NUMBER XLVI. 

JOINT RESOLUTION to authorize the secretary of state to take charge of the senate 
chamber and hall of the house of representatives. 

Resolved ly the general assembly of the State of Tennessee, That the secretary of state, at 
the close of this session, shall have charge of the senate chamber, representative hall, and 
committee rooms, and cause all stationery, furniture, and other articles belonging to said 
halls, to be carefully preserved for the use of the next general assembly, and shall be allowed 
by the comptroller all necessary expenses incurred in preserving the same, and a reasonable 
compensation for his services. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 22, 1865. 



NUMBER XLVII. 
JOINT RESOLUTION to meet in convention to elect a keeper of the penitentiary. 

Resolved by the general assembly of the State of Tennessee, That the senate meet the house 
of representatives on Monday, iiUtii instant, at 11 o clock a. in., for the purpose of electing a 
keeper of the penitentiary. 

WILLIAM HEISKELL, 
Speaker of the House of 7Y present atives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 22, 1865. 



RECONSTRUCTION TENNESSEE. 85 

NUMBER XLVIII. 

JOINT RESOLUTION of thanks to Major General Stoneman. 

Resolved by the general assembly of the State of Tennessee, That the thanks of the loyal 
people of the State are due to Major General George Stoneman for the great skill and energy 
with which he conducted his two great raids into Virginia and North Carolina, by which he 
destroyed millions of dollars worth of the enemy s means of warfare, capturing many of their 
forces, and effectually crippling them in their operations, and that he has our thanks for tho 
ability and success with which he has conducted military operations in East Tennessee, and 
that he be furnished with a copy of this resolution, officially signed. 

WILLIAM HELSKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 22, 1865, 

NUMBER XLIX. 
JOINT RESOLUTION requesting information from the bondholders of Tennessee bonds. 

Whereas, in order to provide for the payment of the State debt when due and payable, and 
for the interest on the same now due, it is desired to know the amounts of State bonds out 
standing, the numbers, dates, and names of holders : 

Resolved by the general assembly of the State of Tennessee, That the comptroller give public 
notice in one of the public prints of the cities of Nashville, Tennessee; Cincinnati, Ohio; 
Philadelphia, Pennsylvania; New York, and Boston Massachusetts, requesting each bond 
holder of the State bonds of the State of Tennessee to transmit to said comptroller, at his 
office at Nashville, a statement of his name, residence, the date and number of each bond, 
and the amount and character of said bond ; and that he make report thereof to this general 
assembly at its next session. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate . 
Adopted May 22, 1865. 



NUMBER L. 
JOINT RESOLUTION directory to the attorney general of the State. 

Resolved by the general assembly of the State of Tennessee, That the attorney general of the 
State of Tennessee be, and he hereby is, directed to institute inquiry into aud investigate 
the title to the property situated in the city of Nashville, fronting on College and Cherry 
streets in South Nashville, known as the Gun Factory, and recently used as hospital No. 1 ; 
and if the title is in the State of Tennessee, the said attorney general defend, on behalf of the 
State, the suit now pending in the United States court to libel and confiscate said property, 
and secure, if the same may be done, said property for the State. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of t!t Senate. 
Adopted May 22, 1865. 

NUMBER LI. 
JOINT RESOLUTION taking charge of the assets of the Bank of Tennessee. 

Resolved by the general assembly of the State of Tennessee, That the governor, the secre 
tary of state, and comptroller be, and they are, directed to take charge of the assets of tho 
Bank of Tennessee, and the archives of the State, and receipt for the same. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 29, 1865. 



86 



RECONSTRUCTION TENNESSEE. 



NUMBER LIT. 

A JOINT RESOLUTION providing for the number of acts and journals of the legislature 
of 1865 to be printed for distribution. 

SECTION 1. Be it resolved by the general assembly of the State of Tennessee^ That there 
shall be printed of the acts of the present session of the legislature, for distribution among 
the several counties in the State, as follows : For every justice of the peace, one eopy ; for 
each sheriff, one copy ; for each circuit court clerk, one copy ; for each county court clerk, 
one copy ; for each chancery court clerk, one copy ; for each county trustee, county register, 
coroner, ranger, entry-taker, surveyor, and poor-house commissioner, one copy; for the use 
of the trustees of academies in each county, one copy of the acts and journals ; for each of 
the clerks and doorkeepers of the house and senate, one copy. 

SEC. 2. Be it further resolved, That there shall also be printed, for distribution as afore 
said, one copy of the journals of each branch of the legislature for each civil district in each 
county in this State, to wit : 



Counties. 


* 



<4H 

O 

* 


^ 

CO 

t*H 

O 

o 

te 


>-j 
tt 

C*H 

O 

6 
fr 


Counties. 


to 

1 

CM 
O 

1 


No. of S. J. 


I-S 

B 
*S 

1 


Anderson 


34 


19 


19 


Macon 


35 


19 


12 


Bledsoe ... . ...... 


39 


14 


14 


McNairy 


43 


16 


16 


Blount 


45 


17 


17 


Madison -- 


47 


18 


18 


Bradley 


37 


13 


13 


Overton 


41 


14 


14 


Bedford 


50 


19 


19 


Obion . 


37 


13 


13 




31 


10 


10 


Polk 


31 


10 


10 


Campbell 


39 


14 


14 


Putnam 


43 


16 


16 


Carter 


33 


11 


11 


Perry 


33 


11 


IT 




35 


T> 


12 


Rhea 


39 


10 


10 


Cocke 


35 


19 


12 


Roane . 


46 


16 


16 


Cannon 


35 


12 


12 


Robertson 


45 


17 


17 


Cumberland 


30 


10 


10 


Rutherford . 


61 


9,5 


".- 


Cheatham. 


35 


19 


12 


Stewart ...... . ...... 


35 


19, 


19, 


Coffee 


38 


13 


13 


Suinner 


50 


19 


19 


Carroll 


51 


19 


19 


Sevier 


35 


19 


19, 


Davidson 


68 


94 


24 


Scott 


35 


19 


19, 


DeKalb 


43 


16 


16 


Sullivan 


47 


18 


18 


Dver . 


39 


14 


14 


Sequatchie. . 


97 


8 


8 


Decatur 


33 


11 


11 


Smith 


55 


99 


99. 


Dickson 


35 


1 f > 


12 


Shelby 


40 


14 


14 


Hancock 


39 


14 


14 


Tipton 


37 


13 


13 


Hawkins 


46 


17 


17 


Union 


30 


12 


1*> 


Hamilton 


49 


18 


18 


Van Buren _ 


31 


10 


10 


Hardin 


39 


14 


14 


Wilson . 


65 


25 


9% 


Hickman 


44 


15 


15 


"\Varren 


43 


1C. 


16 


Humphreys . 


35 


19 


12 1 


Wayne 


47 


17 


17 


Hardcman 


45 


17 


17 


White 


37 


13 


13 


Henderson 


54 


91 


91 


Williamson 


59 


94 


94 


Henry 


51 


90 


20 


Washington 


47 


18 


1R 


Hay wood 


45 


17 


17 


Weakley . ... 


48 


18 


18 


Jefferson 


45 


16 


16 


Franklin 


41 


1(5 


16 


Johnson 


31 


10 


10 1 


Fentress 


35 


12 


19 


Jackson 


48 


18 


18 


Favetto .. .... .... ... 


43 


15 


15 


Knox ...... ........ 


5*> 


19 


19 


Grainier .. ...... 


43 


16 


16 


McMinn . . 


4(3 


17 


17 


Green 


63 


25 


95 


.Meiers 


07 


Q 


g 




31 


10 


10 




37 


13 


13 




56 


21 


1 


Moproe ..... .............. 


51 


90 


20 


Giles 


55 


20 


90 


Morgan 


35 


1*> 


12 


Lawrence 


40 


15 


15 


Maury 


04 


25 


25 




39 


11 


11 


Montgomery 


51 


24 


24 




65 


25 


05 


Marshall 


49 


15 


15 




39 


10 


10 



















RECONSTRUCTION TENNESSEE. 87 

SEC. 3. Be it further resolved, That there shall also be printed and bound for each mem 
ber of the senate and house of representatives one copy of the acts and one copy of the 
journals, both of the house of representatives and the senate ; for the office of the secretary 
of state, two hundred copies of the acts and fifty bound copies of the journal of each house ; 
for each department of the government of the United States and for the United States library, 
one copy of the acts ; for each judge of the supreme court, for each judge of the circuit 
court, for each judge of the criminal court, for each chancellor, for each county judge 
in the State, for each judge of the criminal and common law court in this State, one copy 
of the acts ; for each of the supreme and criminal court clerks, one copy of the acts ; for each 
attorney general, one copy of the acts ; for the ti easurer and comptroller, one copy of the 
acts; and for each State and Territory and the District of Columbia, two copies of the acts. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS 

Speaker of the Senate, 
Adopted May 29, 1865. 

NUMBER LIIL 

A JOINT RESOLUTION in relation to a certain class of Tennessee Union soldiers who 
lost their lives in the army of the Union during the rebellion. 

Whereas a large number of Tennessee soldiers have died and been killed in battle while 
serving the United States against a hostile rebel foe, without having been duly mustered 
into service, and there being great deficiency in the records of the State pertaining thereto: 
Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That the adjutant general 
of the State be, and he is hereby authorized to perfect in a well-bound book to be kept for 
that purpose a complete record of all Tennessee soldiers who have belonged to the United 
States service during the present rebellion, with such historical remarks as will enable them 
or their families to obtain such bounty, arrears of pay, &c., as may be due them, and that 
he be allowed such compensation for his services as may be determined by subsequent legis 
lation. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 29, 1S65. 

NUMBER LIV. 
JOINT RESOLUTION directory to the trustees of the Tennessee hospital for the insane. 

Whereas William A. Cheatham, M. D., late superintendent and physician of Tennessee 
hospital for the insane, has been called upon, by a resolution of the Senate, to communicate 
a detailed statement of the financial operations of that institution from the first day of Octo 
ber, 1861, to the 3Jst day of July, 1862, during which period there is no report known to this 
general assembly of the institution, and there being other reasons why there should be an 
investigation of its affairs, and the late superintendent and physician having failed or refused 
to notice the resolution referred to above : Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That the board of trustees 
are hereby instructed to investigate the books and accounts and management of Tennessee 
hospital for the insane, during the administration of William A. Cheatham, late superin 
tendent and physician, and power is hereby given to send for persons and papers, and report 
the result to the next session of this legislature. 

WILLIAM HEISKELL, 
Speaker of tlie House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 2, 1865. 

NUMBER LV 

JOINT RESOLUTION appointing a committee to wait on the major general commanding 
the department, and make inquiries in relation to certain assessments. 

Whereas it appears from the orders issued by the various military commanders of the 
United States, at different places in this State, that they are levying on persons who are 
permitted to trade under privileges granted to them by the authorities of the United States, 



RECONSTRUCTION TENNESSEE. 

and of the State of Tennessee, and collecting considerable sums of money; and whereas it 

^^ to ^^^^L?, is in accorduace with the 5*- * f the ** 

Bezt resolved by the general assembly of the State of Tennessee, That a committee of three 
ontfie part of the house, and two on the part of the senate/be appointed to call on the 
major general commanding the department, and ascertain Whether such assessment are 



WILLIAM HEISKELL, 
Speaker of the House of Representatives, 
SAMUEL R. RODGERS, 



Adopted June 3, 1865. Speaker <* the Senate 



NUMBER LVI. 

A JOINT RESOLUTION appointing a committee to settle with Hon. Joseph S. Fowler 
late comptroller and acting treasurer of the State. 

Be it resolved by the general assembly of the State of Tennessee, That a joint committee of 
three on the part of the house, and two on the part of the senate, be appointed to settle with 
the Hon. Joseph 8. Fowler, late comptroller and acting treasurer of the State 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

A , , -, -r Speaker of the Senate. 

Adopted June 5, 1865. 

NUMBER LVII. 
JOINT RESOLUTION directory to the secretary of state. 

Resolved ly the general assembly of the State of Tennessee, That the secretary of state is 
hereby authorized to furnish the clerks of the courts of record of this State the Code of Ten 
nessee and the acts of the general assembly of the State, in all the counties where the books 
tu said officers have been destroyed. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Adopted June 6, 18G5. Speaker fthe Stnatt 

NUMBER LVIII. 

JOINT RESOLUTION requesting the governor to employ an attorney-at-law. 

Be it resolved by the general assembly of the State of Tennessee, That the governor be and 
is hereby requested to employ an attorney-at-law for and in behalf of the State, to prosecute 
and defend all suits now pending in the circuit court of Davidson county, now in session iu 
the name of or against the Bank of Tennessee, and to be allowed such compensation as 
the governor may think reasonable. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Adopted June 6, 1865. Speal " r J th * Scnate 

NUMBER LIX. 
JOINT RESOLUTION directory to the comptroller. 

Be it resolved by the general assembly of the State of Tennessee, That the comptroller be, and 
s hereby, instructed to prepare and have printed a circular containing all the subjects of tax 
ation, together with the rates of taxation, and forward two copies of the same to the clerks of 
the various county courts of -this State, and that the same be done immediately. 



RECONSTRUCTION TENNESSEE. 89 

Be it further resolved, That the secretary of state be and is hereby instructed to have pub 
lished in one newspaper published in the city of Nashville, the Chattanooga Gazette, Kuox- 
ville Whig, Flag of the Union, and the Memphis Argus, the revenue bill passed by the legis 
lature at its present session, for four successive weeks. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 7, 1865. 



NUMBER LX. 
JOINT RESOLUTION directory to the keeper of the penitentiary. 

Whereas there are now confined in the penitentiary many convicts who have acquired no 
trades, owing to the difficulties of procuring material for them to work up, and that they are 
unemployed, because the inspectors and keepers have no power to employ them beyond the 
prison walls unless authorized to do so : Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That the inspectors and 
keepers of the penitentiary are hereby authorized and empowered, whenever they may deem 
it advisable to do so, to employ the convicts in such work about the capitol, or otherwise 
outside of the prison walls, as may be by them deemed advisable, looking to the safety of the 
convicts and the best interests of the State. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 9, 1865. 



NUMBER LXI. 
JOINT RESOLUTION postponing the business before the general assembly. 

Whereas the present session of the legislature of Tennessee has been continued and 
protracted beyond our desire or expectation, from the necessity of circumstances and the wel 
fare of the State ; and 

Whereas the business under consideration is of minor importance, and does not abso 
lutely demand our immediate attention : Therefore, 

Resolved by the general assembly of the State of Tennessee, That all business which may be 
before the respective houses on the 10th inst., at 12 o clock m., will be postponed until the 
October session, and that the general assembly of the State of Tennessee adjourn on Mon 
day, the 12th of June, 1865, to meet the first Monday in October, 1865. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 10, 1865. 



NUMBER LXII. 

JOINT RESOLUTION to have published in certain newspapers an act to limit the elective 

franchise. 

Resolved by the general assembly of the State of Tennessee, That the act to limit the elec 
tive franchise be published once a week from June 12 until the 6th day of August next, in 
the following papers, to wit : Jonesborough Union Flag, Knoxville Whig, Chattanooga Ga 
zette, Press and Times, Nashville Union, Nashville Dispatch, Memphis Argus, the paper 
published at Kingston, and the paper published at Greenville, and also any German paper 
published in Nashville, and in one German paper at Memphis. 

Be it further resolved, That the comptroller issue his warrant to pay for the same. . 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 12, 1865. 



90 RECONSTRUCTION TENNESSEE. 

NUMBER LXIII. 

JOINT RESOLUTION of thanks to Brevet Brigadier General J. L. Donaldson, chief quar 
termaster, department of the Cumberland, and Captain Hunter Brooke, provost marshal. 

Resolved by the general assembly of the State of Tennessee, That the thanks of this general 
assembly are most heartily and cordially tendered to Brigadier General J. L. Donaldson, 
chief quartermaster of the department of the Cumberland, for his kindness in furnishing a 
special car for the accommodation of the members, and for renewing their transportation over 
military railroads. 

Resolved, That the thanks of this general assembly are due, and are hereby tendered, to 
Captain Hunter Brooke, post provost marshal, for his uniform courtesy and kindness to the 
members of this general assembly. 

Resolved, That a copy of these resolutions be furnished General Donaldson and Captain 
Brooke by the secretary of state. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 12, 1865. 



NUMBER LXIV. 

JOINT RESOLUTION congratulatory at the appointment of Major General Thomas to this 

military division. 

Whereas the pleasing intelligence has reached us that the distinguished soldier and 
commander, Major General G. H. Thomas, has been assigned to this military division: 

Resolved by the general assembly of the State of Tennessee, That we do most heartily con 
gratulate our citizens upon the appointment of this model soldier, possessing as we do the 
most unbounded confidence in his ability and judgment, and believing that under his rule 
early peace and quiet and Unionism will prevail in every section of our State. 

Resolved, further, That we tender to the President and War Department our special thanks 
for their assignment of General Thomas over this military division, and with his consent we 
propose to adopt him as a Tennesseean, General Thomas having endeared himself to us both 
by distinguished services and by many acts of noble and unostentatious kindness. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 
Adopted June 12, 1865. Speaker of the Senate. 

[The following act of assembly was mislaid in the house and not deposited in the office 
of the secretary of state until the other acts were printed. It has been collated and found 
correctly printed. A. J. FLETCHER, Secretary of State.] 

CHAPTER XXXVIII. 

AN ACT to change the times of holding the county court of Knox county for the trial of 

misdemeanors. 

SECTION \. Be it enacted by the general assembly of the State of Tennessee, That from and 
after the next August term of the county court of Knox county, for the trial of misdemeanors, 
the said court shall be regularly opened and held on the second Mondays of April, August and 
December of each year, and succeeding days if necessary, instead of on the first Monday of 
said months, as heretofore ; but the regular county court for the transaction of county busi 
ness shall be held on the first Monday of each month as heretofore. 

SECTION 2. And be it further enacted, That this act shall take effect from and after its pas 
siige. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 
Passed May 16, 1865. Speaker of the Senate. 

STATE OF TENNESSEE, OFFICE OF THE SECRETARY OF STATE, 

Nashville, July 25, 1865. 

I, ANDREW J. FLETCHER, secretary of state of the State of Tennessee, 
hereby certify that I have carefully collated the foregoing documents, with au 
thentic copies on file in my office, and find them correctly printed. 

A. J. FLETCHER, Secretary of State. 



RECONSTRUCTION TENNESSEE. 9 1 



NASHVILLE, TENN , January 9, I860. 

At a meeting of the Union Central and German Union Central Committees 
of the State of Tennessee and the Union members of .the Tennessee legislature 
the following memorial was unanimously approved and adopted. 

A. LOVERING, 
Chairman pro tern, of Central Committee. 

EDWARD MAYNARD, 

Secretary of Union Central, Committee. 

NASHVILLE, TENN., January 9, 1866. 
To the honorable Congressional Committee on Reconstruction : 

The undersigned, constituting a large majority of the State Central Com 
mittee of the Union party of Tennessee, being all who could be present, beg 
leave to communicate to you their views of the present political and social 
conditition of this State, and their anticipations as to future results from that 
condition. 

The vast powers conferred upon you, so vitally affecting ourselves and our 
posterity, we feel to be a sufficient warrant for this liberty on our part. 

Our statistics show that, in the spring of 1861, about 40,000 of the voters of 
Tennessee made up their minds to adhere to the flag of their country in spite of 
the tornado of treason that swept the State and carried it into the vortex of 
rebellion. They constituted less than one-third of the voting population of the 
State, and far less of its wealth and political influence. Surrounded on all sides 
by rebel population ; suffering every conceivable outrage in person and property ; 
hanged on the gallows ; shot by an infuriate soldiery ; cast into many prisons ; 
mercilessly conscripted, and hunted like wild beasts and murdered in our places 
of concealment, our numbers have been reduced, but the survivors of us have 
kept the vows made upon the altar of patriotism five years ago. More than 
twenty-five thousand of our number, leaving their homes and families to be 
pillaged and abused, travelling through mountains or swamps by night and 
hiding in thickets by day to evade a pursuing and murderous enemy, escaped 
to the federal lines, and, without bounty or other inducement, enrolled them 
selves as Union soldiers. They have returned to their homes from a gallant 
and bloody service to find, in many instances, their houses in ashes, their 
property gone, and their families abused, insulted, and outraged. And, it must 
be added, that in many instances these victorious heroes of the national cause 
are not permitted to remain at their homes in peace, or, if permitted, they are 
crippled in business and politically and socially outlawed. 

The designs of the great secession majority of Tennessee may have been 
changed by the events of the war, and so may have been their opinions of their 
own strength and of the strength of the goveinment, but, unless your memo 
rialists greatly misunderstand them, their sentiments, sympathies, and passions 
remain unchanged. They welcome peace because they are disabled from making 
war ; they submit because they can no longer resist ; they accept results they 
cannot reject, and profess loyalty because they have a halter around their 
necks. They recognize the abolition of slavery because they see it before them 
as a fact; but they say it was accomplished by gross violations of the Consti 
tution, that the negro is free only in fact, but not in law or of right. 

Less than a year ago the provisional governor, representing the military power 
of the President, and recognizing the right of the loyal people to govern the 
State, set on foot a civil government, founded upon the basis of the loyal popu 
lation his favorite policy. The plan of a popular convention and a submission 
to a vote of the loyal people was adopted, and the former constitution and laws 
were restored without the institution of slavery. Whether we regard it as our 



92 RECONSTRUCTION TENNESSEE. 

former State government restored, or as a new government given to us by the 
power of the nation, is immaterial, as it has been compelled at every step to lean 
upon the strong arm of the national authority for support. The action of the con 
vention was submitted to the vote of the loyal people, and, by means of the strong 
will of the military governor and a rigid test oath, and because the election was 
not recognized by the disloyal, it was nearly unanimously adopted, receiving 
over 20,000 votes, many of the Union men being within the rebel lines at the 
time. 

Under the government thus adopted, and by means of the same test oath, a 
governor and legislature were elected by general ticket on the 3d of March last. 
The legislature assembled in April, and proceeded to inaugurate the governor 
elect and to elect State officers, to establish a revenue, to provide for the election 
of members to Congress, and to legislate in general matters. Under authority 
conferred upon him, the new governor appointed a judiciary pro tempore, and 
reorganized the entire State by appointments. But one general election has 
been held, and that only for members of Congress, with what result will appear 
hereafter. 

The convention of February, foreseeing the impossibility of carrying out the 
principle upon which they were acting, by keeping the political power of the 
State in loyal hands, if all those who had by acts of treason forfeited their right 
to participate in the State government, provided for a formal disfranchisement 
by conferring upon the first legislature the power to limit the elective franchise. 

So far the legislation on this subject has been unsatisfactory and ineffectual. 
Indeed, many of the members are utterly unequal to the task, and, yielding to 
the influence and dreading the power of numbers, shrink from its performance. 
A suffrage law was passed at the spring session, the result of compromise, and 
doubtful in its terms, easily evaded, and practically defective. By means of 
repeated proclamations by the governor, telegraphic orders from the President, 
and the aid of the military, a partial execution only of the law was obtained. 
So defective was the execution of the law by the officers to whom it was in 
trusted, that the governor was constrained to declare the August election totally 
void in twenty-nine counties of the State. An attempt will be made at the 
present session to pass an amended suffrage law, but it is doubtful whether any 
effectual disfranchisement can pass, and still more doubtful whether, if passed, 
it can be executed even with the presence of the military. Certainly, such a 
law cannot be executed if the supervising power of the general government 
should be discontinued. 

In short, your memorialists anticipate that, at the first general election, the 
entire civil and judicial power of the State must pass into the hands of those 
who have so long oppressed them, and made actual war upon them. The 
judicial election, which is the most important of all, must soon occur. 

By a careful consideration of the passions, prejudices, and designs of those 
lately in rebellion, a correct idea of the course they will pursue, when once more 
installed into power, may be arrived at. Your memorialists are not driven to 
consult tourists nor correspondence for information. They are fill citizens of 
the State; some of them are natives, and from official position are in daily inter 
course or communication with all parts of the State, and with citizens of all par 
ties and classes. They claim to speak not from hearsay or report, but as 
wit-nesses admissible in court. 

The predominant feeling of those lately in rebellion is that of deep-seated 
hatred, amounting in many cases to a spirit of revenge towards the white Union 
ists of the State, and a haughty contempt for the negro, whom they cannot treat 
as a freeman. The hatred for the white loyalist is intensified by the accusation 
that he deserted the south in her extremity, and is, therefore, a traitor, and by 
the setting up a government of the minority. The spirit of revenge is called 
forth by the attempt to disfranchise them, and by the retaliatory acts of the 



RECONSTRUCTION TENNESSEE. 93 

returned Union soldiers for wrongs done them during the war. The negro is 
the Mordecai who constantly reminds them of their defeat, and of what they 
call a "just, but lost cause." And the sight of him in the enjoyment of freedom 
is a constant source of irritation. 

The tourist would not be apt to detect the true state of the southern temper. 
Even the resident observer has to look beneath the surface of insincere protesta 
tions of loyalty. True, the traveller or visitor might observe a large number 
of daily rebel newspapers well sustained, while a single loyal paper is sustained 
with difficulty. He might discover that the rebel merchant or lawyer is full of 
business and growing rich, while the loyalist either fails, or is driven to pander 
and dissimulate. And he may find that the rebel chaplain preaches to over 
flowing houses, while the loyal minister is in truth a missionary in an unfriendly 
country. But he will hardly go into the social circle to learn that the Union 
man is not admitted into society, or into private families, to find that hatred of 
the Yankee and contempt for the government are inculcated by rebel min 
isters and teachers; nor will he visit the township election to learn that the 
bushwhacker and guerilla can defeat the most respectable Union man for con 
stable or justice of the peace ; or to the courts, to learn that the despised " Lin- 
colnite" fails to get justice at the hands of a rebel jury, and that the putting of 
a negro on trial is equivalent to his conviction and sentence to the maximum 
penalty of the law. Yet these and many other manifestations betray to the 
resident observer the malignant temper of the majority of our people. 

A party exists in the State, which is every day becoming more and more com 
pact ana powerful, which sympathizes with the men and principles of the re 
bellion. It commands every agency to operate upon public opinion. It has 
five well-sustained and ably-edited daily papers in Memphis, four in Nashville, 
one in Knoxville, and a weekly in each of the important villages. Their par 
doned but talented and still popular leaders are with them. Hundreds of rebel 
ministers who glory in having led off in the rebellion, and who have been 
throughout the war the bloodiest-minded men in the south, are still in the con 
fidence of their people. All these appliances acting in harmony mould public 
sentiment as they please, and command a party of over two-thirds of the white 
men of the State. Free from restrictions upon suffrage, they will probably cast 
90,000 votes in the State. 

It is a sad delusion and a dangerous mistake to suppose that this hatred of 
loyalty, contempt for the negro, and alienation from the government, are con 
fined to the politicians, or leaders as they are termed, and that the common peo 
ple have been all the time loyal. It is certainly true that a portion of the south 
ern people went into the rebellion reluctantly, and that a few were actually forced 
into it. But it is equally true that nine-tenths of those who went in reluctantly 
came out the bitterest of rebels. The process of firing the southern heart and 
educating the southern mind for treason had been progressing for many years, 
and had reached all classes. Long before the war the common laborer had 
learned to curse the Yankees and abolitionists, and to talk about negro equality 
and his rights in the Territories. Filled with murderous hate, they have fought 
four years against their country. They have denounced and heard it denounced 
with every breath. They have suffered cold, hunger, and wounds in an effort 
to destroy it. They have slain its defenders, and seen their comrades fall in the 
same cause. The laws of human nature forbid the idea that they love their 
country. Indeed, it may well be doubted whether the capacity for patriotism is 
not extinguished in many of them. 

lour memorialists regret to say that as yet the loyalists of East Tennessee, 
brave and noble as they are, have not kept pace with the spirit of the nation in 
extending civil rights to the negro, and consequently there exists a want of 
harmony among ourselves ; but they do not doubt that that patriotic but rural 
people will soon take a position worthy their fame. But in any event, all legis- 



94 RECONSTRUCTION TENNESSEE. 

lation looking to the elevation of the freedman in a moral, civil, or political 
point of view must come from Congress, and not from the State legislature. It 
may be that the present body may pass some favorable laws probably they 
will ; but it is easy to see they will be swept away by the next general assembly. 
Supposing the supervising power of the general government to be withdrawn 
from Tennessee, and assuming that to some extent at least the passions, preju 
dices, and resentments of the majority of the people will be reflected in their 
legislation, it is not difficult to anticipate her State policy and the character 
of her civil and judicial administration. It may be safely assumed 

1. That so far as possible in legislation, the bestowal of patronage, and the 
management of all public affairs, the late rebels will be the preferred class; 
and that all the acts of the rebel State government, including the removal and 
the destruction of the State banks and State treasury, the disarming and con 
scripting the people, and the impressment of their property, and all the acts of 
rebel officers, soldiers and guerillas, will be legalized. Those who have been 
robbed, wounded, and imprisoned will go unredressed, while those who have 
inflicted those injuries will be justified in law, as they now are in public senti 
ment. 

2. As is even now the case in many localities, services rendered and wounds 
received in the confederate cause will be passports to preferment, while to have 
taken sides with the cause of the Union will be equal to a judgment of infamy, 
forever consigning the offender to obscurity and disgrace. 

3. If the legislature does not vote thanks and medals to southern heroes, 
and unite with other southern States to pay the confederate debt, it will be 
from fear or policy, and not from want of sympathy or desire. 

4. As far as possible, restrictions will be thrown around the freedom of the 
negro, and his elevation in the scale of being discountenanced, if not actually 
prohibted. He will be excluded from the courts, from common schools, and 
probably from all means of education, from business and privileged occupations, 
and, perhaps, from the acquisition of property. 

Such, we apprehend, will be some of the results of well known laws of the 
public mind. And it requires but little speculation to anticipate still further 
and more ulterior results. It is very questionable whether East Tennessee will 
submit to a rebel government. Her people will not tamely succumb to those 
who have pursued them like bloodhounds for four years. If she does not resist 
by force, she will refuse her revenues, and scorn to send her representatives to 
take seats in a legislature composed of rebel officers and guerilla leaders. 
Union men will feel that they have lost and the rebels won, and that their 
martyrs have fallen in vain. Even now, in many localities they are crushed by 
the power of numbers, and actually afraid to speak like freemen. 

Loyal emigrants will turn aside to more congenial parts, and the south will 
be left to herself, to resume her former rate of progress. 

The negro will be forced to seek an asylum in other lands, or perhaps he will 
become a declining race, relapse into barbarism and disappear from the face of 
the earth ; an effect confidently predicted, and, in fact, hoped for by seces 
sionists. 

Your memorialists do not presume to point out the means of preventing the 
direful results they have attempted to foreshadow. They simply ask pro 
tection. They pray that the government will not forsake them by withdraw 
ing its direct agency in our affairs, thereby delivering them over to their tor 
mentors. 

Your memorialists will say, however, that they desire to be represented in 
Congress. The loyal people of Tennessee have not forfeited their civil rights 
by the misfortune of being surrounded by rebels. And if difficulties should 
occur hereafter, as is to be feared, in that event they desire to have a voice in 
the councils of the nation. But if our form of government is such that to 



RECONSTRUCTION TENNESSEE. 95 

admit our representatives to seats in Congress will compel the withdrawal of 
the supervising control of the national government over our internal affairs, 
thereby insuring the ascendency of the rebel majority, your memorialists pre 
fer, and they are sure the loyal people of the State would prefer, to live in a 
territorial condition, and even under a military government. 

From the rebel yoke they pray to be saved. From such a fate we rely upon 
the power of the nation to rescue us. In behalf of ourselves, in behalf of the 
devoted loyalists of the State, of whatever color, and in behalf of our posterity, 
we appeal to that government we love and have served to save us and them 
from the power of those who have inflicted upon us every conceivable injury 
We are, most respectfully, your obedient servants, 

JOHN SCHIMMLER. 

FERDINAND KUHN. 

A. W. HAWKINS. 

A. LOVERING, Chairman pro tern. 

E. P. CONE. 

WILLIAM HEYDT. 

A. J. FLETCHER. 

N. DERBY. 

A. S. THURNECK. 

ROBERT WEITMULLER. 

GERVAS HAURG. 

JULIUS BRIESEN. 

R. LEHMANN. 



STATE OF TENNESSEE, 

Executive Department, Nashville, November 13, 1865. 
To all who shall see these presents, greeting: 

I, William G. Brownlow, governor of the State of Tennessee, do hereby cer 
tify that at a general election, opened and held in said State on the first Thurs 
day in August, A. D. 1865, for the purpose of electing representatives of the 
State of Tennesse in the 39th Congress of the United States, Horace "May- 
nard, of the county of Knox, was regularly elected, in accordance with the laws 
of the State of Tennessee and of the United States, representative in said Con 
gress from the second congressional district, composed of the counties of Clai- 
borne, Union, Knox, Campbell, Scott, Morgan, Anderson, Blount, Monroe, Polk, 
McMinn, Bradley, and Roane. 

And I do therefore commission the said Horace Maynard, representative in 
Congress as aforesaid, during the term and with all the powers, privileges, and 
emoluments appertaining. 

In testimony whereof, I have hereunto subscribed my name and caused the 
great seal of the State of Tennessee to be affixed, at the department in the city 
of Nashville, this 13th day of November, 1865. 

[SEAL.] W. G. BROWNLOW. 

By the governor : 

A. J. FLETCHER, Secretary of State. 



STATE OF TE\NESSEE, 

Executive Department, Nashville, November 13, 1865. 
To all who shall see these presents, greeting: 

I, William G. Brownlow, governor of the State of Tennessee, do hereby cer 
tify, that at a general election for representatives of the State of Tennessee in 



9 6 RECONSTRUCTION TENNESSEE. 

the 39th Congress of the United States, opened and held in said State on the 
first Thursday of August, A. D. 1865, William B. Stokes, of the county of De 
Kalb, was regularly elected, in accordance with the laws of the State of Ten 
nessee and of the United States, representative in said Congress from the third 
congressional district, composed of the counties of Meigs, Rhea, Hamilton, 
Marion, Grundy, Bledsoe, Van Buren, Sequatchie, Warren, White, Smith, Cum 
berland, Putnam, Jackson, Macon, Overtoil, DeKalb and Fentress. 

And I do therefore commission the said William B. Stokes, representative in 
said Congress as aforesaid, during the term and with all the powers, privileges, 
and emoluments appertaining. 

In testimony whereof, I have hereunto subscribed my name and caused the 
r -1 great seal of the State of Tennessee to be affixed, at the department 
in the city of Nashville, this 13th day of November, 1865. 

W. G. BROWNLOW. 

By the governor : 

A. J. FLETCHER, Secretary of State. 



STATE OF TENNESSEE, 

Executive Department, Nashville, November 25, 1865. 

I, William G. Brownlow, governor of the State of Tennessee, do hereby certify 
that at a general election opened and held in the State of Tennessee, on the first 
Thursday in August, 1865, for representative from said State in the thirty-ninth 
Congress of the United States, Samuel M. Arnell was regularly elected, in accord 
ance with the laws of the State of Tennessee and of the United States, repre 
sentative in said Congress from the sixth civil district, composed of the counties 
of Lawrence, Wayne, Hardin, Decatur, Perry, Lewis, Maury, Hickmau, Hum 
phreys, Dickson, Montgomery, and Stewart. 

In testimony whereof, I have hereunto subscribed my name and caused the 
r 1 great seal of the State to be affixed, at the department in the city of 
J Nashville, the 25th day of November, A. D. 1865. 

W. G. BROWNLOW. 
By the governor: 

A. J. FLETCHER, Secretary of State. 



THIRTY-NINTJJ CONGRESS UNITED STATES, 

House of Representatives, Washington, D. C., February 26, 1866. 
SIR : I herewith respectfully present the statements of R. Hough, esq., internal 
revenue tax collector for the Memphis district, and request that it be treated as 
a part of my statement of a late date in which I alluded to the facts herein more 
definitely set forth. 

I also beg to mention that I learn from George H. Ellery, esq., formerly United 
States cotton purchasing agent at Memphis, that during seventy-five days the 
profits to the government, as the 25 per cent, tax on cotton through his office, was 
in round numbers one million seven hundred and fifty thousand (1,750,000) 
dollars. 

I am, sir, with much respect, your obedient servant, &c., 

JOHN W. LEFTWICH, 

Member of Congress Elect, Sfk district Tennessee. 
Hon. Senator GRIMES, of the Reconstruction Committee. 



RECONSTRUC TION TENNESSEE. 



97 



Statement of assessments and collections in the first district, State of Ten 
nessee, from October 19, 1863, to January 1, 1866. 



Date. 


Monthly as 
sessments. 


Annual lists. 


Collections. 


October J863 


$28, 178 87 


$20, 135 62 


$16,070 35 


November 1863 .... 


33,269 88 


32,429 71 


32 279 92 


December 1863 


25,560 81 


68 9f56 46 


31 525 14 


January, 1864 .... .................. 


21,476 28 


180,631 71 


34,870 42 


February 1864 


42,232 75 




47 894 28 


March 1 864 


111 317 27 




119 796 51 


April 1864 


109 483 46 




120 253 99 


May 1864 


120,971 06 




124 146 96 


June 1864 


23 059 25 




25 939 83 


July 1864 


24,419 65 




33,154 02 


August 1864 


14 309 78 




32,770 61 


September 1864 


8 913 78 




30 922 11 


October, 1864 


108,889 93 




39, 063 09 


November 1 864 


88 916 87 




146 307 97 


December 1864 


30 279 81 




49 902 48 


January 1 865 


80 466 80 




92,940 82 


February 1865 


94 405 58 




92 277 24 


March, 1865 


126,861 55 




124,867 98 


April 1865 


49 339 72 




53 964 25 


May 1865 


143 256 37 




182 077 78 


June, 1865 .. 


106 143 43 




110,929 26 


July 1865 


128 674 25 




173 150 07 


August, 1865 


177,406 11 




193, 313 92 


September, 1865 


191 660 39 




207,896 41 


October 1865 


283 238 48 




306,443 25 


November 1865 


185 832 38 




188 186 82 


December 1865 


245 105 05 




226,772 33 










Total 


2 603 669 56 


302 163 50 


2 842 747 81 











R. HOUGH, Collector. 



UNITED STATES INTERNAL REVENUE, 
COLLECTOR S OFFICE, FIRST DISTRICT, STATE OF TENNESSER, 

Memphis, Tennessee, January 30, 1866. 

MY DEAR SIR: In consequence of the constant press of business in my office, 
I have procrastinated the delivery of the enclosed statement until this late day, 
for no other reason than that so much was on hand to be done that I did not like 
to set clerks at anything that was not strictly office-work. My only regret now 
is that I cannot give you so elaborate a statement of facts connected with the 
collection of over three millions of revenue (adding the stamp-sales to the en 
closed) as I would wish, for want of time. You will recollect that our city was 
captured by the federal fleet on the 6th of June, 1862, previous to which large 
drafts were made on its inhabitants by the rebel leaders for the support of their 
army. When the federal flag was hoisted here it floated over a city of less 
than thirty thousand people, with no commerce, limited resources, and no trade 
from river or country. The government collected the larger portion of the rents 
during 1862 and 1863 ; besides, heavy taxes were paid on the demands of mili 
tary commanders, and all shipments to and from the city were taxed by the 
Secretary of the Treasury; so that I think I am safe in saying that the internal 
revenue collected per the enclosed statement does not amount to more than one- 
third of the taxes paid by our people. The assessor commenced his labors 
some time in June, 1863, but he dated his assessments back to September, 1862, 
7 T 



98 BECONSTRUCTION TENNESSEE. 

I commenced collection about the 1st of November, 1863, at which time I Lad 
two annuals to collect for 1862 and 1863, and before these were closed up the 
annual for 1864 had been assessed and the special five per cent, tax on the in 
comes of 1863. You will remember that the civil courts were suspended during 
this time, and, in fact, have but recently been fully re-established, and this was 
the only office that did not exist by and depend on military sufferance and rule ; 
yet I think I am safe in saying that our people have paid their revenues to the 
government collector as promptly and apparently as cheerfully as in any por 
tion of the United States. I have never been obliged to levy upon any man s 
effects to secure his revenue due to the government, and though personally an 
austere man, I think the tax-collector is as much in the favor of the people at 
large as it is possible for any man to be in like circumstances anywhere in the 
land. I do not intend to convey the idea that the collector possesses qualities 
to make him popular notwithstanding his office, but that the people in this dis 
trict, so far as they have been reached, respond as cheerfully to the demands 
of the government as they do in any State in the Union. A Boston merchant 
of some note lately said to me, " Tell me how your people pay their taxes, and 
I will myself judge of their loyalty." By this rule, I am inclined to the opin 
ion that we should vie with Boston herself; but being a Bostonian originally, I 
don t like to make any comparisons. 

Trusting that the enclosed will be of service to you, I am, very respectfully, 
your obedient servant, 

R. HOUGH, Collector. 

Hon. JOHN W. LEFTWICH, Washington, D. C. 



WASHINGTON, January 26, 1866. 

GENTLEMEN : In answer to your inquiries, I have the honor to state : 
I. That the loyal people of the State of Tennessee assembled in convention 
at Nashville on the 8th day of January, 1866, and proceeded to organize the 
government of the State. They adopted an amendment to the constitution 
abolishing slavery forever in the State. They adopted a schedule to the con 
stitution, in which 

1. They repudiated the rebel debt contracted to carry on the war. 

2. They declared the ordinance of secession void ab initio, and all the legis 
lative acts passed by the legislature at its different sessions from the 6th of May, 
1861, inoperative and void. 

3. They provided that all the acts of Andrew Johnson as military governor, 
together with his appointments to office, valid and binding. 

4. They provided for the election of a general assembly to be held on the 4th 
of March, 1865, as well as for the election of a governor. 

5. They declared that the amendments so proposed should be submitted to 
the people for ratification or rejection on the 22d day of February, 1865. 

II. On the 22d day of February, 1865, the amendment and schedule were 
submitted to the people, and adopted almost unanimously. 

III. On the 4th day of March, 1865, the governor, William G. Brownlow, 
was elected, and the members of the legislature, gentlemen who for " uncon 
ditional Unionism" will compare favorably with the same number of gentlemen 
selected from any State in the Union. 

IV. On the 3d day of April, 1865, the legislature met at Nashville, and in a 
few days thereafter the governor was inaugurated, and that civil government 
for the State has been in successful and peaceable operation ever since. 

V. One of the first acts passed by the legislature was one ratifying the 
amendment to the Constitution of the United States abolishing slavery. It 
passed unanimously. 



\ 



RECONSTRUCTION TENNESSEE. 90 

VI. The legislature enacted a franchise law, disfranchising all rebels for the 
space of five years who had not participated in either one of the last elections, 
and by which a large number of the qualified voters were prohibited, because of 
their treason, from participation in the subsequent elections. 

VII. The legislature provided for the congressional elections by dividing the 
State into eight congressional districts, and by electing two senators. Since 
that time the civil government of the State, under its present loyal organiza 
tion, has been in uninterrupted and successful operation all over the State, 
No obstacles have been put in the way. I have in my possession, and which I 
will produce for the inspection of the committee, if desired, printed copies of th^ 
proceedings of the convention of January 8, 1865, as well as the acts and reso 
lutions of the April session of the general assembly. 

VIII. The election for Congress was held on the first Thursday in August, 
1865. the regular day, and everything passed off harmoniously and quietly. 
This result was extremely gratifying to the loyal men of the State. The mem 
bers elected are known to have been loyal to the government, and have all complied 
with the law of the land. 

IX. I can say fearlessly, from an intimate personal acquaintance with the 
eople of the fourth congressional district, composed o the counties of Ruther 
ford, Cannon, Coffey, Franklin, Lincoln, Giles, Marshal, and Bedford, and which 
I have the honor to claim to represent, and where there are no federal soldiers, 
and have not been any, except in Rutherford county, since the 1st of July, 1865, 
that peace and quiet and complete obedience to law prevail. No difficulties of 
any kind ; law and order are everywhere observed. The United States asses 
sors and collectors visit every part of the district unguarded and alone ; are 
promptly paid and kindly treated. The United States marshal needs no mili 
tary force to enable him to do his duty. The white men and the freedmen live 
harmoniously together. Contracts are made between them, liberal, just, and 
satisfactory, and are faithfully performed by both parties. No complaints are 
t)eing made. All recognize the government of the United States as the supreme 
law of the land. They most earnestly desire to be once more fully restored to 
the benefits of its protection, so that they can once more feel that they are 
American citizens. 

I fully believe that the United States troops might be withdrawn any day, 
and the present State government would be protected and guarded until the 
expiration of its term without molestation or danger. It seems to me that the 
people feel the necessity of peace and law and order, and they intend to have it. 

The legislature has passed all laws necessary for the protection of the freed 
men, and there is but one single case in which the punishment of the white man 
differs from that of the freedman, and that is in the case of rape, or assault with 
intent to commit raj. e, on the person of a white woman. 

The recognition of the present State government by the Congress of the United 
States, the admission of its senators and representatives, in the full restoration of 
the State to an equality with the other States in the government, will give con 
fidence and happiness to those citizens of the State who, through all the horrors 
of this cruel and unjust rebellion, have maintained their integrity to the national 
flag, and who loved their country too well to betray it into the hands of traitors. 

if Congress will recognize us as worthy of being admitted to our seats in the 
Senate and House of Representatives, thus giving to us the moral weight of their 
action, we can, without doubt, preserve and protect the loyal people of the State. 
If, on the contrary, we are treated as if we were rebels, as if we had sinned, 
when we have not, then, of course, our influence is gone, and we can no longer 
hope to be able to control the political destinies of the State. 
Respectfully, 

COOPER. 



100 RECONSTRUCTION TENNESSEE. 

WASHINGTON, January 29, 1866. 
To the honorable gentlemen of the "Reconstruction Committee:" 

GENTLEMEN : In compliance with suggestions from the Hon. Senator Grimes, 
I respectfully submit these my opinions, with the reasons therefor, in relation 
to the loyalty and present feelings of the people whom I have the honor to 
represent. 

Since the first occupation of Memphis by the national forces, in June, 1862, 
no spirit of discontent or insubordination has ever manifested itself; and 
though we have, in addition to the usual taxes, been compelled most of the 
time to pay from three to five per cent, tax on all merchandise shipped to Mem 
phis, and twenty-five per cent, and four cents per pound on all cotton shipped 
from Memphis, and two dollars per bale military tax, and other military taxes ad 
injinitum amounting, in the aggregate, to millions of dollars it has been 
promptly paid without complaint. 

Our " internal revenue tax collector" now proudly asserts that his collections 
have been made with a promptness above the average of northern cities, and 
that the disgraceful attempts to defraud the government, so prevalent elsewhere, 
are comparatively unknown in Memphis. 

When our army was needed actively on other fields, and that portion remain 
ing at Memphis was inadequate to protect the immense army stores there col 
lected, our entire able-bodied male population, amounting to many thousands, 
was organized, armed, and equipped for active militia duty; many having to 
remain on duty all the time, and all compelled to suspend business for the pur 
pose of drilling from one to two days in each week ; and such was their conduct 
on several occasions of threatened attack, as to call forth the congratulatory 
orders of the commanding generals, to one of whom, the " Hon. R. P. Buck- 
land," I respectfully refer. 

We also furnished our quota in the last draft. 

The crops of 1863, 64, and 65, in "West Tennessee," were not cultivated- 
by involuntary servitude, but by compensated labor; and the result of the three 
years experience is, that our colored population have learned the important 
lesson that a good and trusty laborer will command better wages than a bad 
one; and our white population, who own the land, have learned the equally 
important lesson that he who pays wages promptly, and fairly, and otherwise 
honestly redeems his obligations to the employe, will surely procure the best 
and most reliable laborers. 

The prejudice that did at one time exist against the negroes as freedmen 
remaining in our State has been most effectually dispelled by a remembrance 
of their good qualities during the war; and, by self-interest, the most potent of 
all arguments, reminding us that the profitable cultivation of our rich and pro 
ductive lands requires twice the number of laborers now there. 

In view of this desire to retain these laborers in our State, I believe there is 
n-o disposition on the, part of our citizens to impose illiberal terms on those they 
employ ; and I know they have not the ability to do so, as the demand for labor 
is so much in excess of the supply as to give all the advantage to the employe". 

The only relic of slavery now seen in our midst is the frequent practice, by 
agents of the " Freedinen s Bureau," (generally understood to be for a considera 
tion,) of compelling negroes to make unwilling contracts with parties with 
whom they do not desire to live. 

I am fully persuaded that, if left to a vote of the former slave-owners of my 
district, they would now vote by a large majority against assuming the moral 
responsibility of re-enslaving the negroes. 

I am sure that the colored laborers of this district will make more money 
this year than any equal number of white laborers in States north of the cotton 
producing region. , 



RECONSTRUCTION TENNESSEE. . 101 

During my contest for my present position I travelled on horseback, alone 
much of the time, through the entire district; and though my Union sentiments, 
already notorious, were plainly and boldly proclaimed day after day, I did not 
hear a rude or impolite expression-, though the country was full of returned 
rebel soldiers, who might be expected to have been smarting under a "franchise 
law" that was odious even to Union men. 

I had four opponents, each trying to prove himself a better Union man than 
the rest, and all surpassing me in political ability, yet I was elected by a hand 
some majority, only because I was able to show a more consistent Union record 
than either. 

One other opponent issued a circular claiming votes as an original sympa 
thizer with the rebellion, but met such poor encouragement that he withdrew 
without completing the contest. 

During December, hearing many reports in Washington prejudicial to the 
loyalty arid good conduct of my constituents, I determined to take no hearsay, 
but go home and see for myself if such rumors had any foundation in fact. 
The result was, I found my people contented, hopeful, industrious, and happy, 
considering this as their only government, with no willingness to injure it, but 
an earnest desire to make it better and stronger than ever. 

I heard no man of influence oppose allowing the negroes to testify in our 
courts, and to own and bequeath property, &c. 

On the 28th of December two members to the State legislature were elected 
in Memphis and Shelby county, both of whom favored the above movement, 
and have since succeeded in making it the law of the State. 

To learn the condition of a portion of my district to which I could not go, 
I wrote to a friend, (an appointee under Governor Brownlow, whom I knew 
to be loyal and truthful, and possessed of unusual facilities for knowing the 
real feelings of the people,) telling him of the reports coming to Washington, 
and asking if such were the facts. 

I respectfully annex his reply as part of this statement. 

In conversation with the deputy United States marshal, who had been through 
West Tennessee on official business, of such an unpopular nature as to induce 
him to have a military escort, he said, " I was met in such a friendly man 
ner and treated with such cordial hospitality, that I was ashamed of having an 
escort, and made it convenient to be away from them most of the time." 

I have just received a letter from "J. M. Hill, esq.," to whom every military 
commander at Memphis has awarded the first position in point of loyalty and reli 
ability, and possessing general information, in which he takes occasion to say, 
" We need no troops at Memphis ; but if the government desires to retain a fe\v 
here, one company of white regulars would be an abundance." 

From personal knowledge in many instances, and reliable information in 
others, I am able to say that most of the reports coming to Washington against 
the loyalty and good conduct of Tennesseaus come from those who have been 
defeated for office, or who now hold positions by appointment, and know that 
their personal unpopularity will prevent them from retaining it when left to the 
people ; and as our county elections ought legally to be held in March, it is the 
desire of this class to make excusable the filling of these positions by appoint - 
ment instead of the ballot. 

There are, no doubt, occasional local disturbances in our State, (that our civil 
officers are entirely able to subdue, however,) but these all grow out of old per 
sonal animosities engendered during the war, and not arising from any rebel 
lious spirit towards the general government. 

These disturbances are much less frequent in my part of the State than else 
where, owing to the fact that the army maintained uninterrupted control there 
after its first occupation. 

Instead of there existing an animosity against consistent Union men who have 



102 RECONSTRUCTION TENNESSEE. 

i 

no used their influence to the unfair injury of those who have disagreed with 
them in politics, they are really the most popular men in the country; as it is 
through their influence, mainly, that all expect finally to he reinstated in theen- 
joyrneut of all their lost privileges and blessings. 

It is the opinion of myself, as well as of most of the best informed with whom 
I have talked, (among them our lamented President Lincoln,) that, notwith 
standing so many of our people were subsequently, by various influences, forced 
into the rebellion, the election in Tennessee in February, 1861, was, and is, 
the true criterion of the loyalty of our State ; at which we gave a majority, 
as I remember, of 65,000 against "separation," (thought to be a more palatable 
term than "secession,") and nearly that number against even calling a conven 
tion to discuss it. 

When Mr. Johnson assumed the presidential chair he was more odious to 
the southern people and more feared by them than any man now in the north ; 
yet he is now by these same people as universally beloved and honored, ju^t 
in return for evidencing a kind and forgiving spirit. 

Like causes produce like results ; and it is now in the power of the Congress 
of the United States to produce in the feelings of the masses of the southern 
p -ople this same favorable change towards them. 

Every kind word uttered here goes as a healing balm to the wounded spirit 
of our people, and is as welcome as the olive branch brought by the returning 
dove to the ark. 

I have said much more than I intended. The assertions made are suscepti 
ble of proof. The opinions expressed are well-matured convictions, based on 
a thorough acquaintance with the facts from which they are deduced. 

I regret that I cannot close without expressing the belief that the treatment 
our people are now receiving is well calculated to produce that state of feeling 
now falsely said to exist, though I have no fear of such a result in my imme 
diate district, as such is the desire, and so favorable the opportunity, to mend 
their ruined fortunes, that they now look with much more interest to the fluctu 
ations of the cotton market than to the proceedings of Congress, believing, cor 
rectly, that there is no surer way to obtain the good opinion of others than by 
industriously attending to their own business. 

Hoping that nothing I have said will have an influence to secure my admis 
sion to a seat in Congress until my people can be trusted as Iltnow they deserve 
to be, 

I have the honor, gentlemen, to remain, very respectfully, your obedient 
servant, 

JOHN W. LEFTWICH, 

Eighth, District, Tennessee. 

The undersigned beg leave, in compliance with the request of the cou- 
gnv.-sional Committee on Reconstruction, to submit the following in relation to 
the present State government of Tennessee: 

1. The government was organized by a convention of the loyal citizens Jan 
uary 8, 1865, ratified by popular vote February 22, 1865; governor and legis 
lature elected March 4, 1865; inducted into office April 3, 1865. So that the 
government has been in practical operation nearly ten months. 

2. When the organization began, the rebel army under Hood had just been 
defeated and routed before Nashville ; the hostile forces were still in the field ; 
guerillas overran some portions of the State; our Union soldiers were, some of 
them, in service on the Atlantic seaboard. There was no mail communication ; 
heavy rains had swollen our numerous streams ; so that, iu many places, the 
single ballot-box for a whole countv was inaccessible, and the vote failed to 
develop the whole loyal strength. Yet it is believed, and confidently asserted, 



RECONSTRUCTION TENNESSEE. 103 

that the result met the entire approval of every loyal citizen, and the acqui 
escence of many who had been disloyal. 

3. From the meeting of the legislature, the 3d of April, 1865, and the induc 
tion into office of the governor, the government, so organized, has had entire 
and unresisted control of the whole State, in every department of administra 
tion, executive, legislative, and judicial, including the conservation of the public 
peace. The legislature continued in session until into June; adjourned to the 
1st of October ; again assembled, and is still in session. The governor and 
other executive officers have discharged the functions usual to their respective 
offices. The courts of every grade, up to that of last resort, the supreme court, 
have held their regular terms all over the State, and have been open for the 
hearing of all pleas, civil and criminal. 

4. The first act of the legislature, by unanimous vote, ratified the recent amend 
ment of the national Constitution in accordance with an amendment of similar 
import made to the State constitution. The election of senators followed, and 
legislative provision for the election of members of Congress. A law of fran 
chise was passed, adding one qualification to the elector, additional to the pre 
existing loyalty, and providing for the registration of the voters. 

5. The election was held at the usual time in August, and persons elected 
whose loyalty has been unequivocal, and will abide the test of the official oath. 
The number of votes cast was sixty-one thousand, nine hundred and seventy, 
not far from the number usually cast by each of the two parties into which the 
State was almost equally divided before the war. The governor, deeming it 
his duty, under the act of Congress of 3d March, 1863, to certify whether the 
election was regularly held according to the laws of the State, and also to be 
informed as to the practical working of the late registry laws, instituted an 
inquiry, and rejected the votes of several of the counties for informality and a 
failure to comply with the recent law, on the part of officers intrusted with the 
novel duty of registration. 

At this election there was no military force present anywhere at the ballot- 
box ; nor was there, so far as known, the slightest disturbance or disorder. A 
military force has remained in the State, under Major General Thomas, to sup 
port and sustain the civil government. One prominent arrest was made on the 
charge of sedition and scurrilous libel against the President of the United States ; 
but in general the military has been felt only in the moral effect of its presence 
as a power which the civil authority might at any time invoke. 

6. No general election has since been held in the State. On the first Satur 
day of March next elections will be held for sheriffs and other county officers 
in the several counties of the State. 

7. The general legislation so far has looked to the restoration of our State 
credit and the re-establishment of our financial prosperity. A revenue system, 
(the public debt increased twenty-five per cent, by the accumulation of interest 
during the war, the rebel debt having been repudiated by the people,) the banks, 
the railroads, the public schools, and the squandered school fund, the eleemosyn 
ary institutions, have received, as they demanded, primeattention. It is not strange 
that the novelty arid importance of the questions arising in such connexion 
should occasion honest, even obstinate, diversity of opinion. 

8. The two subjects, however, occasioning the most declared and unyielding 
difference, are the rebels and the freedmen. It becomes necessary in various 
ways to define their respective privileges, both having been to a certain extent 
outlawed the former bv reason of their conduct, the latter by reason of their 
slavery. What some insist upon as a wise and politic liberality towards the 
rebels is branded by others as copperheadism, if not downright treason. What 
some regard as but sheer justice to the freedmen, and a necessary safeguard 
against the reassertion of the rebel sentiment, is denounced by others as radical 
ism. This division is aggravated and intensified by an admixture of prejudice 



1 04 RECONSTRUCTION TENNESSEE. 

and interested motive. The so-called radical element prevails in the present 
organization of the government. Public sentiment, as represented by the press, 
possibly, if expressed by the voice of the entire population, irrespective of ante 
cedent relations, favors the self-styled conservative element. 

9. Whether, upon a submission to the ballot-box, the government would be 
continued in the same hands, or those of men with similar views, is necessarily 
matter of specula! ion and conjecture. Such a submission will occur in August, 
1867. Much will depend upon the wisdom, good conduct, and practical success 
of the State administration meanwhile ; much upon the turn of affairs throughout 
the country, and much upon the issues, personal and other, that happen to be 
submitted to the people, as friends of the national government, who have stood 
close to it, defending its policy and maintaining its honor all the way through 
the recent conflict. We see no cause for discouragement, provided that the gov 
ernment will stand by us and give us the moral effect of its support. If, on the 
other hand, we are unrecognized and unsustained ; if we are practically declared 
usurpers, and our effort at restoring our deserted and inanimate State govern 
ment a usurpation, then we are necessarily overborne and swept away. 

10. The unenlightened and narrow-minded rebel sentiment is bitterer and more 
rancorous possibly than during the war, under the humiliation of defeat and dis 
grace. It is expressed less towards the federal than to the State government, 
and is especially strong tow rds persons of northern origin, those Union men 
who took an active part for the government against the rebellion, and the freed - 
men. The intelligent rebels, on the other hand, see and accept the situation, and 
endeavor to make the best of it. Their political aspirations would naturally 
tend to the control first of local affairs, then of the Slate, and lastly of the 
national government. They hope for much from a division between the execu 
tive and legislative powers. 

11. The situation of the freedmen is much more satisfactory to themselves, 
however it may appear to others, than when in slavery. There is suffering, 
oppression, injustice, wrong. In the economy of society the world over, poverty, 
ignorance, and weakness entail inevitable hardships. The case of the freedman 
is no exception. In addition, the prejudice of race is a burden. His freedom 
is an idea too proximate to the calamitous overthrow of the rebellion to be wel 
comed by those who took part in tliat foolish and iniquitous enterprise ; while 
the loyal Union man has too long felt his progress in life obstructed by him as 
a slave to relish his presence even in freedom, and his labor no longer organized 
by the intelligence and capital of his master. 

The pre-existing laws applicable to free persons of color were at once applied 
to the freedmen. These allowed him nearly all the civil rights accorded to 
white persons, except to bear testimony in courts against white persons, and to 
peddle, and to traffic in spirituous liquors. It subjected him to the same crimi 
nal code, except in some offences against white females and in the measure of 
punishment. He was accorded no political rights, and was subjected to various 
political disabilities. He has been admitted to testify as a white person. It ia 
not known that he has received any political enfranchisement. 

12. If it be urged that our Union element, in the beginning, through weak 
ness and want of support, succumbed to* rebellion ; that even now, if left unsup 
ported and alone, it may once more be overborne ; that the sharp animosities of 
the war do not entirely subside with the cessation of arms, we respectfully sub 
mit that these are considerations imperative why the national authority should 
rally to us and sustain our effort of self-government by its moral influence, and, 
if need be-, by the assertion of its physical power. 

JOSEPH S. FOWLER. 
W. B. STOKES. 
HORACE MAYNARD. 
FEBRUARY 1, 1S66. 



RECONSTRUCTION TENNESSEE. 1 05 



TESTIMONY. 



WASHINGTON, January 25, I860. 
Brevet Major General Edward Hatch sworn and examined : 

By Mr. GRIMES : 

Question. Where is your residence, and how have you been employed for the 
last five years ? 

Answer. My residence is in Muscatine, Iowa ; prior to the war I was engaged 
in the lumber business; I entered the military service of the United States in 
1S61, and have been through the various grades in the army to that of brevet 
major general of volunteers. 

Question. Have you, during the time you have been in the military service 
of the United States, been stationed in the State of Tennessee, or been con 
nected with the military operations in that State ? 

Answer. Yes, sir. 

Question. Were you so employed during any portion of the year 1865 ; and 
if so, during what portion of that year ? 

Answer. The troops under my command were on the confines of the State of 
Tennessee the first of the year, and I occupied a portion of West Tennessee, 
having command of a division of cavalry and a post. During September, Octo 
ber, and November, I was stationed at Kuoxville, Tennessee, as chief of cavalry 
of that department. 

Question. How recently have you been in Tennessee 1 

Answer. I left in December last. 

Question. During the time you were in that State were you much among the 
people of the State; and do you regard yourself as familiar with the sentiments 
of the people there ? 

Answer. Yes, sir; in portions of the State. I was often at Nashville, and 
also in other parts of the State a great deal. 

Question. What conclusions did you reach as to the sentiments of the people 
of that State, so far as loyalty to the federal government is concerned 1 

Answer. Leaving the people of East Tennessee out of consideration, I should 
think that the people of the balance of the State were largely opposed to the 
general government ; that is, that there was no good feeling toward the govern 
ment. There is very little good feeling towards the United States government, 
except in East Tennessee. 

Question. You regard the public sentiment in East Tennessee as, in the main, 
loyal ? 

Answer. Yes, sir. 

Question. And do I understand you to mean that in Middle and West Ten 
nessee public sentiment is, in the main, disloyal ? 

Answer. Yes, sir ; West Tennessee I consider as disloyal as Mississippi. 

Question. Is it your opinion that the troops of the United States could safely 
be withdrawn from any portion of Tennessee ? 

Answer. Do you mean with safety to the people of the State ? 

Question. Yes, safety to the Union people of the State. 

Answer. They could be safely withdrawn from East Tennessee, for there the 



1 OG RECONSTRUCTION TENNESSEE. 

people could protect themselves. That is the only portion of the State from 
which they could be withdrawn in safety. 

Question. What, in your opinion, would be the condition of affairs in Middle 
and West Tennessee, should our in litary force be withdrawn from those por 
tions of the State?. 

Answer. The loyal portion of the people would be subject to certain ostracism 
which would drive them out of the country. They would legislate against them 
in every way at least, I have often heard them openly say so. 

Question. Do I understand you to say that the disloyal people there say that 
they would legislate against the loyal white people ? 

Answer. Yes, sir; they say that those people who opposed them in this war 
shall not hold office there; that is, that they will not vote for any of them, and 
that all civil offices shall be held by their own men. That is the way they have 
always talked to me. 

Question. Is anything else threatened besides depriving them of office ? 

Answer. They say the two people cannot live together. There is no more 
popular man in West Tennessee to-day than the late rebel General Forrest. 
The quartermaster of my old regiment is partner with Forrest on a plantation ; 
he said he took the plantation because Forrest is popular, and jvill take care of 
him and his interests. 

Question. Is this feeling of hostility towards the federal government in Mid 
dle and West Tennessee quite general ? 

Answer. I think it is. Perhaps much of the hostility towards the govern 
ment has accrued from the personal animosities of the people ; they have been 
fighting among themselves for four or five years, and now have an intense hatred 
for each other, and that feeling, I think, has extended to the government in 
some measure. There are some men in the State men of large views and land 
holderswho are willing to accept the state of affairs as it is, and to do almost 
anything in order to farm their lands ; they wish to retain their old labor, but 
they constitute a very small portion of the people. 

By Mr. GRIDER : 

Question. How long were you stationed in Tennessee ? 

Answer. I had troops in West Tennessee, and was at Eastport, just on the 
confines of the State. 

Question. On the border of Mississippi ? 

Answer. Yes, sir; I was at that post from January unlil July, ISGo. 

Question. State whether the rest of your intercourse with the citizens of Ten 
nessee was not of a rather cursory nature, when the army was passing from 
point to point. 

Answer. No, sir; for I have done a great deal of business for them and been 
among them a great deal. I have been in Tennessee more or less since IS62. 

Question. Did you know Colonel Hobson, of Kentucky, a very young man, 
who was with the army at Knoxville ? 

Answer. I may have seen him, but I am not personally acquainted with him. 

By Mr. GRIMES: 

Question. I understand you to say that you have been in Tennessee more or 
less for the last three or four years ? 

Answer. Yes, sir; since 1862. 

Question. And most of that time in that State? 

Answer. Yes, sir; I have been stationed at Memphis, Lagrange, Oollierville, 
and Eastport. I was stationed at Lagrange in the summer of lbG3. I know 
West arid Middle Tennessee better than my own State; that is, the roads and 
thoroughfares. 



RECONSTRUCTION TENNESSEE. 107 

Question. While travelling about in Tennessee were you always known as 
an officer of the federal army 1 

Answer. No, sir. 

Question. You did not always wear the insignia of your office and rank I 

Answer. No, sir; not all the time. 

Question. Were communications made to you as freely when you wore the 
insignia of your office as when you did not; that is, communications showing 
the sentiments entertained by the people towards the government and towards 
each other ? 

Answer. No, sir; not always. Sometimes people would speak in a very 
braggadocio way towards officers. As I have already said, men of large views, 
those who understand the question and admit the state of affairs as it is now, 
those men are willing to do anything to sustain the government; but they arc 
in a very small minority, and cannot control these fellows. There is every 
where an intense hostility towards the negro, and I suppose there always will 
be in that State. 

Question. What is the condition of the freedmen in the State of Tennessee? 

Answer. They can find employment now; but they have the opposition of 
the poor whites, r of the men who own very little property, and that is a very 
intense opposition. 

By Mr. GRIDER : 

Question. A great many of the original owners of the slaves desire to employ 
their old slaves ? 

Answer. Yes, sir; the reasonable men, the men of education, understand this 
question. 

By Mr. GRIMES: 

Question. Is there any public sentiment there in any instance to prevent the 
original owners from employing their former servants ? 

Answer. Where the original owner has been a liberal, good-hearted man, the 
negro is inclined to work for him cheerfully; but if he has been a severe mas 
ter they are afraid of him. Some of the negroes have the idea that they may 
be run off further south, to Mexico or Cuba, into slavery. The negro has strong 
local attachments, and if his former master was a generous, good man, his 
former servants will work for him cheaper than for any one else. But there are 
not very many liberal men; they worked their servants very hard on their 
plantations. 

Question. What is the general condition of the freedmen in Tennessee, so far 
as your observation extends ? 

Answer. The negro is perfectly willing to work, but he wants a guarantee 
that he will be secured in his rights under his contract. I have always found 
them willing to work, since the close of the war, at any rate ; but they want 
their contracts guaranteed to them. They desire to have the government guar 
antee them for them, and take care of them in that way. They are willing to 
work. But the negro knows that without his rights are secured, and his life 
and property secured, he is not safe from the poor whites. He understands 
their antipathies towards him as well as any one does. 

We have always issued less rations to the negroes there than we have to the 
poor whites. We did not issue one-tenth the rations to the negroes that we did 
to the poor whites. 

The men there who dislike the present state of things do not like to give up 
the negro They think that by some kind of legislation they can establish a 
kind of peonage; not absolute slavery, but that they can enact such laws as 
will enable them to manage the negro as they please to fix the prices to be paid 



108 RECONSTRUCTION TENNESSEE. 

for Lis labor. That is a very general idea among that class of men. But those 
men of broad views who know that labor will find its level, are in favor of 
hiring the negro and paying him fairly. But they are in the minority. 

Question. Do you know anything about the security of the negro s life in 
Tennessee ? 

Answer. You cannot call his life secure there. They are liable to be shot by 
the poor whites ; and no doubt it is done every day. 

Question. What do you mean by " poor whites 1" 

Answer. Men on both sides who have been in the army and are not willing 
to work, and wish to get along the best way they can. 

By Mr. GRIDER: 

Question. Did you or not find among the servants a great disposition to ag 
gregate together, a desire to work together, and a dislike to being separated 1 

Answer. Yes, sir; as I said before, the local attachment of the negro is great. 
I think the negro is anxious to accumulate property. I think, that the people 
down there* are mistaken in supposing that the negro does not desire to accu 
mulate property. In my opinion the negro does not desire governing ; he wants 
to be acknowledged as a part of the population. Say to him what his labor is 
really worth and pay him for it, and you will have no trouble with him. 

By Mr. GRIMES: 

Question. They need government for their protection ? 
Answer. Yes, sir. 

WASHINGTON, January 29, 1866. 

Major General George H. Thomas sworn and examined. 
By Mr. GRIMES: 

Question. Where are you stationed at present, and what are the duties which 
you now have to perform ? 

Answer. I am in command of the military division of the Tennessee ; my 
headquarters are at Nashville, Tennessee. 

Question. Of how many States is your division composed ? 

Answer. The division is composed of the States of Kentucky, Tennessee, 
Georgia, Alabama, and Mississippi. 

Question. How many troops are now under your command in the State of 
Tennessee 1 

Answer. I cannot state precisely, but I think about six thousand ; princi 
pally required to take care of public property. 

Question. Where are they stationed for the most part ? 

Answer. At Nashville, Chattanooga, and Memphis. 

Question. So far as your knowledge and observation extend, what is the 
condition of the popular sentiment in the State of Tennessee, so far as it relates 
to the federal government and the rights of the Union people, and of the freed- 
men ? 

Answer. I have studied the condition of affairs in Tennessee pretty carefully, 
and have had practical demonstration of the condition of affairs there ; having, 
in addition to the information I have derived from personal observation, such 
information as I have received from other sources. The Union sentiment in 
Tennessee, of course, has been sufficient to place the State in its present favor 
able condition towards the government, and, if protected and encouraged by the 
presence ot a small Union force, it will gain the complete ascendency in the 
State in the course of a year or two. I do not think it would be safe, at this 
time to remove the national troops from Tennessee, or to withdraw martial law, 
or to restore the writ of habeas corpus to its full extent. 



RECONSTRUCTION TENNESSEE. 1 09 

Question. What is the condition of East Tennessee, as compared with that 
of Middle and West Tennessee ? 

Answer. East Tennessee is perfectly safe, because the Union element pre 
dominates there very largely. Middle Tennessee is disturbed by personal ani 
mosities and hatreds, much more than it is by the disloyalty of persons towards 
the government of the United States. Those personal animosities would break 
out and overawe the civil authorities, but for the presence there of the troops of 
the United States. In West Tennessee these personal animosities exist even 
more strongly than they do in Middle Tennessee, and there is less loyalty in 
West Tennessee than there is in Middle Tennessee. But the people of Ten 
nessee desire very much, it is their strongest desire, to be back in the govern 
ment of the United States. Still, while they wish to enjoy the rights of citizen 
ship, they are not friendly towards Union men, particularly men from Tennessee 
who have been in the Union army. They are more unfriendly to Union men, 
natives of the State of Tennessee, or of the south, who have been in the Union 
army, than they are to men of northern birth. 

Question. What is the condition of the Union people in West Tennessee ? 

Answer. The Union people of West Tennessee are in a minority ; but public 
sentiment there is gradually approaching a good loyal standard. 

Question. Do you think there is an improvement going on generally in the 
sentiment of the State ] 

Answer. Yes, sir. I can probably express my idea better in this way : I 
think the people of Tennessee will go on improving in their Union sentiment, 
provided they are prevented from running to extremes against their personal 
enemies in the Union ranks, and the presence of troops there is necessary sim 
ply to prevent them from committing excesses and being led astray in their pri 
vate animosities. 

Question. You believe, then, that it would be dangerous either to remove the 
national troops, or to restore the writ of habeas corpus, or to abolish martial law 
in Tennessee ? 

Answer. I do, for the present. 

Question. What is the condition of the freedmen in Tennessee ? 

Answer. The condition of the freedmen in Tennessee is very favorable at this 
time. A very greo,t improvement has taken place in their condition ; and if the 
affairs of the Freedmen s Bureau can be administered for another year in the 
way they have been administered for the last six months, mutual confidence 
would be restored between the whites and the blacks; and I am very much in 
hopes that the freedmen could then be left to the protection of the civil authori 
ties of the State. 

Question. Then the administration of the Freedmen s Bureau has met with 
your approval ? 

Answer. Yes, sir. 

Question. Under General Fisk 1 

Answer. Yes, sir. 

Question. Do the freedmen generally find employment in Tennessee ? 

Answer. I do not know of any difficulty in their finding employment. 

Question. And at fair wages ? 

Answer Yes, sir; and there is a general understanding among the negroes 
and among the whites that each is to comply with his part of the contract, so 
that there is no difficulty and no dissatisfaction. 

Question. Has General Fisk the charge of the freedmen in the whole of the 
State of Tennessee 1 

Answer. Yes, sir; and he has charge of the freedmen in the State of Ken 
tucky, in addition. 



110 RECONSTRUCTION TENNESSEE. 

By Mr. GRIDKR: 

Question. You say you believe that there is a gradual improvement going on 
in Tennessee as to loyalty ? 

Answer. Yes, sir. 

Question. Will you give your opinion as to whether the admission into Con 
gress of the representatives from Tennessee would tend to encourage the loyal 
people of Tennessee, and strengthen the feeling of loyalty in that State ? 

Answer. 1 think it would very much. It would not only encourage the loyal 
people to exert themselves, but it would encourage the rebels to return to their 
loyalty, because they would see that their chances and hopes for another out 
break were passing away from them. If you will permit me to give additional 
reasons why I think the delegation from Tennessee should be admitted I will 
do so. 

Question. Certainly; state any reasons you may desire to state. 

Answer. I think the delegation from the State of Tennessee should be ad 
mitted into Congress for the reason that that State, of her own accord, has corn- 
plied with every instruction of the President, and has done all that it was be 
lieved it would be necessary for her to do in order to gain admission into Con 
gress. All that they have done of their own accord in Tennessee. They have 
repudiated the rebel debt ; they have abolished slavery, and also adopted the 
constitutional amendment upon that subject; they have passed a franchise law 
prohibiting from voting every man who has been engaged in the rebellion ; and 
I believe they have now passed a bill giving the negro the right to testify in the 
courts; and all the members elected to Congress can take the test oath, both 
senators and representatives ; and if their representatives shall be admitted into 
Congress it will be a precedent for all the southern States ; they can see at once 
the reasons why the Tennessee members are admitted, and that if they expect 
their members to be admitted they must do as she has done. 

By Mr. GRIMES: 

Question. You have answered the inquiry of Mr. Grider in regard to the 
propriety of admitting into Congress the delegation from Tennessee; state, if 
you please, whether, if her delegation should be admitted into Congress, it 
would be safe for martial law to be then abrogated in the State of Tennessee. 

Answer. I would not abrogate it just yet. 

Question. Would you recommend the abolition of the Freedmen s Bureau 
in that State ? 

Answer. Not yet. 

Question. Even if the Tennessee delegation should be admitted into Congress f 

Answer. No, sir; I would admit the delegation from Tennessee simply to 
encourage the people of Tennessee to return to their loyalty, and also as an 
example ibj- the othor southern States, because you have it in your power to show 
them plainly and clearly why they are admitted at on^e and the rest are not ; 
that is, because none of the other States have complied with the same conditions 
that the people of Tennessee have complied with. 

Question. You also stated as a reason why, in your opinion, the State of 
Tennessee ought to be represented in Congress, that, in case that was done, the 
rebel people there would abandon their hopes of another outbreak. Have you 
any reason to believe that they still entertain the opinion, or that any conside 
rable portion of them do, that there may be another outbreak? 

Answer. I have received communications from various persons in the south 
that thore was an understanding among the rebels, and perhaps organizations 
formed or forming, for the purpose, of gaining as many advantages for themselves 
as possible; and I have heard it also intimated that these men are very anxious 



RECONSTRUCTION TENNESSEE. Ill 

and would do all in their power to involve the United States in a foreign war, 
so that, if a favorable opportunity should offer, they might turn against the 
government of the United States again. I do not think they will ever again 
attempt an outbreak on their own account, because they all admit that they 
had a fair trial in the late rebellion and got thoroughly worsted. There is no 
doubt but what there is a universal disposition among the rebels in the south 
to embarrass the government in its administration, if they can, so as to gain as 
many advantages for themselves as possible. 

Question. In what could those advantages consist, in breaking up the gov 
ernment? 

Answer. They wish to be recognized as citizens of the United States, with 
the same rights that they had before the war. 

Question. How can they do that by involving us in a war with England or 
France, in which they would take part against us? 

Answer. In that event their desire is to re-establish the southern confederacy. 
They have not yet given up their desire for a separate government, and if they 
have an opportunity to strike for it again they will do so. 

Question. Does the intelligence in regard to these organizations reach you 
from such authentic sources as to command your belief of their existence? 

Answer. Yes, sir; it comes from very 1-eliable men. 

Question. What is the industrial condition of the people of Tennessee ? Are 
they taking steps to put in crops and employ such labor as is within their reach ? 

Answer. The industrial condition of the State has improved so much that by 
the end of this year I think the people will be more interested in their private 
operations and pursuits than they will in political affairs, and be very much 
quieted down. They are very much encouraged now, and almost every plan 
tation in the State is being put in operation again. The Union people of Ten 
nessee, particularly, wish to be quiet. 

Question. How about the rebels ? 

Answer. A great many of the rebels are going to work, quietly, -to cultivate 
their farms. A great many of them say that they failed in their attempt to 
gain their independence of the United States, and that they now wish to be 
quiet citizens of the country, and are going to turn their attention to farming 
again. 

GEO. H. THOMAS, 
Major General United States Army. 



WASHINGTON, January 30, 1866. 

Brevet Major General Clinton B. Fisk sworn and examined. 
By Mr. GRIMES : 

Question. What is your present rank, and what is the duty you now have to 
perform ? 

Answer. I am brevet major general of the United States volunteers and 
assistant commissioner of the Bureau of Freedmen, Refugees, and Abandoned 
Lands, for the States of Kentucky and Tennessee. 

Question. How long have you been employed in that capacity? 

Answer. About eight months. 

Question. How many freed men have you under your charge ? 

Answer. About 500,000, according to census of 1860. During the greater 
portion of the eight months I have been assistant commissioner, northern Ala 
bama has been attached to my district. 



112 RECONSTRUCTION TENNESSEE. 

Question. You have about half a million of freedmen under your charge now? 

Answer. Yes, sir; for the two States of Kentucky and Tennessee. 

Question. What is the condition of those freedmen, especially in. the State of 
Tennessee ? 

Answer. The great mass of the freedmen in the State of Tennessee are in 
what might be called a good condition, and they are constantly improving in 
their condition, both as to industry and elevation. They need the protection of 
the government very much in the State of Tennessee. 

Question. Why do they need it? 

Answer. On account of the opposition of the people to freedmen and justice 
to the negro. 

Question. Is that sentiment of opposition to the freedmen general through the 
State? 

Answer. It is not. 

Question. To what parts of the State, or what classes of people, is it confined ? 

Answer. Tennessee is peculiar. In no other State do you find the same sort 
of opposition as in Tennessee. My duties, within the last eight months, have 
called me through the five States of Kentucky, Tennessee, Alabama, Georgia, 
and Mississippi. I made an inspection tour through the three States below 
Tennessee, in addition to my own regular duties. It is a melancholy fact that 
among the bitterest opponents of the negro in Tennessee are the intensely rad 
ical loyalists of the mountain district the men who have been in our armies. 
Take East Tennessee, for instance. The great opposition to the measure in the 
Tennessee legislature, giving the negro the right to testify and an equality be 
fore the law, has come from that section, chiefly. In Middle Tennessee and in 
West Tennessee the largest and the wealthiest planters of the old slaveholding 
population have more cordially co-operated with me in my duties than the 
people of East Tennessee. 

Question. In what way does their opposition manifest itself? 

Answer. In a desire that he should be entirely removed from the State; op 
posing his education, and right to justice before the law. 

Question. Do the freedmen manifest a disposition to be industrious and se 
cure a livelihood for themselves ? 

Answer. They do, and to elevate themselves. They literally hunger and 
thirst for knowledge. 

Question. What proportion of them are able to find employment ? 

Answer. All of them in Tennessee who can do any work. I could furnish 
employers for 25,000 more laborers from my district than I have, such is the 
demand for labor in the valley of the Mississippi. During the first twenty days 
of this month we made contracts at the Memphis agency of the Freedmen s Bu 
reau covering 7,280 persons, and at good remunerative wages. 

Question. Do the freedmen recognize you and your bureau as a means of 
protection to them ? 

Answer. They do. 

Question. And they have confidence in your administration of the bureau ? 

Answer. They appear to have the fullest confidence, as also in the military 
administration of that division. The Freedmen s Bureau has received the most 
hearty and cordial co-operation of General Thomas, the commandant of that 
division. The freedman has no better friend in the country than Major General 
George II. Thomas. 

I do not want to be understood as saying that in Middle and West Tennes 
see there is no opposition to the freedmen, for there is. There are slaveholders 
and returned rebel soldiers there who persecute them bitterly, and pursue them 
with vengeance, and treat them with brutality, and burn down their dwellings 
and school-houses. But it is not the rule ; such conduct is exceptional. It 



RECONSTRUCTION TENNESSEE. 113 

may not be best for me to speak of Kentucky in this connexion. But contrast 
ing the two States, I can say that the freedmen in Tennessee are treated with 
more favor than they are in Kentucky. There is more brutality to negroes, and 
more wicked, malicious persecution of loyalists in the State of Kentucky to-day 
than in the State of Tennessee. 1 have travelled over both States and ob 
served carefully. I have travelled incog in portions of those States I have 
mentioned, going as a Missourian, talking with the people on their plantations, 
and the negroes in their quarters, reaching the real sentiment of the people in 
that way. The opposition to the freedmen in Kentucky, in many localities, is 
very great in fact, to freedom itself. 

Question. How large is the pecuniary support that you are obliged to extend 
to the freedmen in Tennessee ? 

Answer. I am not to-day issuing a single ration to freedmen in Tennessee, 
except to about one hundred orphan children, and thirty old people at Memphis, 
and about sixty orphan children and twenty-five old people at Nashville that 
is all. 

Question. Do you issue rations to white people in Tennessee ? 

Answer. During the last year the rations issued to white people in Tennessee 
have been much in excess of those issued to freedmen. When I took charge of 
my district the government was feeding 25-000 people; in round numbers, about 
17,500 white persons, and 7,500 black. The month preceding the establish 
ment of the Freedmen s Bureau, for rations alone for that class of people, the 
sum of $97,000. My first efforts were to reduce the number of these beneficia 
ries of the government ; to withhold the rations, and make the people self-sup 
porting as far as possible; and in the course of four months, I reduced the 
monthly expenses from $97,000 to $5,000 ; paving within that time, on subsist 
ence, ten times as much money as the whole Freedmen s Bureau cost in the en 
tire district, including all salaries paid to officers and agents for the government. 

Question. Is the military support of the government required now in the State 
of Tennessee in aid of your bureau? 

Answer. It is. 

Question. Do you believe the affairs of the bureau could be safely adminis 
tered there without the military support of the government ? 

Answer. I do not. My subordinates are chiefly civilians. I select the best 
man for the position I can find in a county. For instance, I select the county 
judge at the county-seat, and give him the agency of the Freedmen s Bureau 
in that county, and under our regulations and instructions he administers our 
affairs. If he needs it, he requests any district or post commandant to give him 
assistance, and he gets it. 

Question. Are they frequently compelled to require such aid and assistance ? 

Answer. They are. 

Question. And you do not think that at this time the military could be safely 
withdrawn from Tennessee ? 

Answer. I do not. 

Question. Do you think that martial law could be safely abolished there at 
this time 1 

Answer. I do not. 

Question. Do you think it would be safe at this time to restore the writ of 
habeas corpus there ? 

Answer. I do not. 

Question. What is the general sentiment of the white population in the State 
of Tennessee at this time in respect to loyalty to the federal Union 1 

Answer. I should think that the majority of the people of Tennessee, count 
ing them right through, are opposed to the government. I think the vote at 
8 T 



114 RECONSTRUCTION TENNESSEE- 

the polls to-day, if every man were allowed to vote as he pleased and according 
to his own judgment, would show a majority against the general government. 

Question. Is there any difference in that respect in different parts of the 
State? 

Answer. Yes, sir ; there is more loyalty in East Tennessee than in any other 
portion of the State, and there is more in Middle Tennessee than there is in 
West Tennessee. 

Question. Is there now safety to the Union people of the State of Tennessee] 

Answer But little opposition to the Union people has come within my ob 
servation. A large delegation of the citizens of Memphis waited on me not 
long ago and stated that they were cruelly oppressed by the rebel element of 
the population in that section, and that they feared the military protection was 
to be withdrawn from the State ; and they stated to me that if the military was 
withdrawn, those persons in most portions of West Tennessee who had been 
early and consistent friends of the government, and loyal to it, would be com 
pelled to withdraw with the military. That was their opinion as expressed to 
me. 

Question. Is it your belief that within two or three years there will be a 
mutual understanding arrived at between the white and colored populations of 
Tennessee, so that the Freedmen s Bureau could be dispensed with ? 

Answer. Yes, sir ; I believe that with the enactment of just laws, laws se 
curing impartial justice to all men, and their enforcement in that State by the 
civil authorities, it would not take that length of time to properly adjust the 
new relations. 

By Mr. GRIDER : 

Question. Where are your headquarters ? 

Answer. At Nashville, Tennessee. 

Question. How long have you been in Kentucky ? Have you been at 
Frankfort lately ? 

Answer. Yes, sir. I have been in Kentucky the most of the time for the 
last six weeks. I was there often during the summer months and made toura 
through the State. 

Question. When you speak of the vote of the majority of the people of Ten 
nessee being in opposition to the general government, do you mean that the 
majority would vote to overthrow the government, or do you mean that they 
are opposed to the present policy of the government? 

Answer. I mean this that I believe a majority of the people of Tennessee 
to-day would prefer that the rebellion should have been a success ; that is my 
meaning. 

Question. Is there, or not, an increasing loyalty a disposition gradually 
growing up to take position under the federal government and do their duty] 

Answer. I will tell you just what my observation in that particular has 
been. When I went to that district in June last there seemed to be a general 
disposition on the part of the majority of the people to cordially support the 
government to return to industrial pursuits, and to let bygones be bygones, 
In the course of three or four months there seemed to be an increase of disaffec 
tion ; I heard more of complaint against the government, more expressions of 
regret that the rebellion had failed, more open and unjust criticisms of the gov 
ernment ; then again that spirit subsided, and I believe the feeling to-day in 
Tennessee is growing better. 

Question. As the legislature of Tennessee has adopted the principal measures, 
if not all of the measures, recommended by the President of the United States, and 



RECONSTRUCTION TENNESSEE. 115 

they have elected members of Congress, will you state whether or not you be 
lieve their admission into seats in Congress would tend to encourage and increase 
the spirit of loyalty in Tennessee, and of attachment to the general government ? 
Answer. My own opinion about that is this : The State of Tennessee occu 
pies altogether a different position from that of any State below. In the first 
place, Tennessee abolished slavery by her own actions ; she elected a governor 
by the people; she repudiated the rebel debt; she ratified the constitutional 
amendment abolishing slavery, and did all that without Executive indication or 
inauguration. Tennessee furnished thousands for the defence of the Union. 
All this is to her advantage; and were I a member of the Senate or House of Rep 
resentatives of Congress I would vote most cheerfully to admit the delegation 
from Tennessee, believing that in so doing I would be taking a step that would 
increase the loyal sentiment of the State, and which would promote the tran 
quillity and prosperity of the State. I speak now of Tennessee. 

By Mr. GRIMES : 

Question. You discriminate between Tennessee and the more southern States ? 
Answer. I do. 



WASHINGTON, February 2, 1866. 
David T. Patterson sworn and examined. 

By Mr. GRIMES : 

Question. Where do you reside 1 

Answer. I reside in Greeneville, Greene county, East Tennessee. 

Question. State, if you please, so far as you may know, the condition of the 
public sentiment in Tennessee so far as regards the whole of the State, as well 
as the different sections of it ; the condition of the Union people and the freed- 
men in those different sections ; and what you know in regard to the changed 
condition of the industrial pursuits of the freedmen. 

Answer. I can speak from my own personal knowledge of the condition, of. 
the loyal people of East Tennessee. In regard to the condition of loyal people 
in Middle and in Western Tennessee, I can only speak from information derived 
from correspondence and conversations with people who live there. In East 
ern Tennessee the loyal people have an overwhelming majority ; they are the 
dominant party now. But during the war they were subjected to the bitterest 
persecution ; they were driven from their homes ; they were conscripted and 
sent into the rebel armies ; they were persecuted like wild beasts by the rebel 
authorities, and hunted down in the mountains ; they were hanged on the gallows, 
shot down and robbed ; every imaginable wrong was inflicted upon them. From 
20,000 to 25,000 loyal men of East Tennessee left their homes, went through 
the mountains into Kentucky, there joined the federal forces, and fought their 
way back home under General Burnside in 1863. Perhaps no people on the 
face of the earth were ever more persecuted than were the loyal people of East 
Tennessee in 1862 and 1863 ; the persecution commenced just after the burn 
ing of bridges in 1861. The first conscript law passed by the rebel congress, 
I believe, was passed in April, 1862, and as soon as they got their machinery 
at work they commenced attempting to conscript the Union men of East Ten 
nessee. As soon as they organized their bureaus of conscription and appointed 
their enrolling officers, a great many Union men in East Tennessee escaped 
from the country, while others concealed themselves in the mountains and in 
houses. 

At the June election in 1861, on the question of separation from the Union 
and representation in the rebel congress, we had in East Tennessee a majority 
of about 20,000 against those issues. Both questions were presented together. 






116 EECONSTRUCTION TENNESSEE. 

Those who opposed them voted " no separation," "no representation ;" those 
who were in favor voted " separation, " "representation." 

Upon the occupation of East Tennessee by General Burnside. in September, 
1863, the rebels themselves, those who had made themselves obnoxious, fled 
from East Tennessee, and but few have returned. We have now but few rebels 
in East Tennessee. The Union men, when they were enabled to return, were 
not very amiable, and they resorted to retaliation, and executed a great many 
rebels paid them back in the some sort of coin they had received at their hands. 
The Union men were guilty of a great many excesses, and can only be excused 
upon the ground that they had themselves been made to suffer terribly by those 
rebels. 

Really, so far as East Tennessee is concerned, we. have now very few rebels 
there. We have nothing to fear from rebel votes or from rebel influence in my 
section of the State. I doubt very much whether there are more than three 
counties in Eastern Tennessee where a rebel would present himself for any 
office of any character. East Tennessee can take care of itself. The trouble is 
in Middle Tennessee and in Western Tennessee. 

Question. In West Tennessee, especially ? 

Answer. I suppose there is more disloyalty there ; but I know but little 
about public sentiment there. All the information 1 have I obtain from corre 
spondence and conversation with gentlemen living in that section of the State. 
I have been in Tennessee but little since the capitulation of General Lee and 
the surrender of the rebel armies. Since last July I have been here. 

So far as the Freedmen s Bureau is concerned, I know very little of its prac 
tical operation in East Tennessee. We have very few freedmen there. In fact, 
I know nothing of the practical operation of the bureau in any part of the 
State. And in East Tennessee, before the war, slavery existed in its mildest 
form. 

Question. What is your opinion in regard to the propriety of admitting into 
Congress the delegation from Tennessee at this time ? 

Answer. Situated as I am, it is very natural I should entertain the opinions 
I do upon that subject. I really think it would be advantageous to the loyal 
sentiment of Tennessee to be represented in Congress. I think the moral 
influence of a representation in Congress would do us good at home. 

It is very difficult to judge of men s motives and their real sentiments; but 
those who were rebels, and who have corresponded or conversed with me upon 
the subject, profess now to bs loyal to the government of the United States to 
accept the results of the war in good faith. 

I have read pretty carefully the address of the central committee of the State, 
and must say that I was surprised to see it. If we have not succeeded in 
making any impression upon the rebel organization in the State, and they were 
to combine together, they could certainly defeat us in a general election ; that 
is to say, they could defeat us in an election for governor. They could not 
defeat us, so far as East Tennessee is concerned, in an election for members of 
Congress, or for members of the legislature, or for county officers. We have 
no trouble there about that ; we carry all those elections our own way. 

But if, as some of our prominent Union men think, we have made no impres 
sion upon the rebel organization in that State, then, if they were to combine 
and cast their full vote for candidates of their own, they could certainly defeat 
us in a general election. 



RECONSTRUC TION TENNESSEE. 117 



WASHINGTON, February 2, 1866. 

Col. William Spence sworn and examined. 
By Mr. GRIMES: 

Question. Where do you reside, and what is your occupation ? 

Answer. I reside three miles from the city of Murf reesboro , Rutherford county, 
Tennessee. My business now is farming. 

Question. Are you a native of Tennessee ? 

Answer. No, sir ; I have been there ever since I was five years old ; but I 
was born in Ireland. 

Question. Are you in any public employment at this time I 

Answer. I was elected to the senate of the legislature of Teuness e, and am 
at present a member of that body. 

Question. Have you been in Tennessee during the last five years ? 

Answer. Yes, sir; I have been there all the time, and at home, when I could 
stay there. 

Question. Were you the owner of slave property when the rebellion broke 
out? 

Answer. Yes, sir. 

Question. What is the condition of public sentiment in the State of Tennessee, 
or in the different portions of the State, as regards loyalty to the federal gov 
ernment ; and what is the condition of the freedmen, anjl the condition of the 
loyal Union men those who have adhered to the government during the last 
five years ? 

Answer. First, with regard to the Union feeling in the State. Among those 
who have been in the rebellion, and have been pardoned, if the question was in 
reference to obeying the law, I think the most of them would be inclined to obey 
the law. Still, according to my judgment, they would have no very kind feel 
ing towards the government But I think they would obey the law as near as 
you could get any body of men to do it. I think the poorer classes who have 
been in the rebellion could be made truly loyal if proper efforts were made. 
They are ignorant and need education. 

In the county where I live the condition of the frcedman is very good. There 
is an agency of the Freedmen s Bureau there, but there have been very few cases 
that have to be taken before it for adjustment. The freedmen have behaved 
exceedingly well, and have obtained fair wages. When their time was out this 
year they commenced hiring out again on farms for $15 a month and board. I 
think everything with the freedmoii is working well. The poorer classes of 
whites are not getting along so well. \ They have no schools, and where they 
have no land they cannot get employment as readily as the colored men can. 
The richer men will not employ them, for the truth is, they are not as valuable 
for laboring as the negroes are. According to my judgment the poorer classes 
of white people, not only in Tennessee, but all over the south, are scarcely able 
to take care of themselves. They are inclined to be idle and lazy, and think it 
degrading to work. 

I only know from report about other parts of Tennessee. The eastern por 
tion of the State, where about three-fourths of all the loyal people of the State 
live, is in a peculiar condition in regard to politics. The Union people in my 
section, Middle Tennessee, consider it absolutely necessary for the good of the 
country that the negro should have his rights in court; and not only that, but 
that we should. at least inaugurate the principle that those who have fought in 
the army should have the right to vote as well as those who pay taxes and those 
who can read and write. But our Union friends in the eastern portion of the 
State, as we understand it, almost to a man, although the best Union men in the 
land, are opposed to any such thing. 



118 RECONSTRUCTION TENNESSEE. 

I think the disloyal sentiment is much greater in West Tennessee than in 
Middle Tennessee ; but how far that disloyal sentiment would be carried out if 
opportunity presented I have no means of knowing ; whether it would go so far 
as disobedience to the law I do not know. I think it probable that in some por 
tions of the State there might be some lawless fellows who would disobey the 
laws. 

Question. You speak of the operation of the Freedmen s Bureau in your 
county. Do you think it is working advantageously to the planters and to the 
freedmen in that county ? 

Answer. There must be some tribunal before which, if there is any dispute, 
it can be settled. But we really have had no use for it of any consequence, be 
cause we were organized and getting along very well before there was any bu 
reau established there, and I endeavored to have a law passed by the legislature 
which would have prevented our having any use for it in our section, but we 
failed to get it. I think the Freedmen s Bureau operates very well. 

Question. How does this new system of paid labor seem to satisfy the intel 
ligent people of Tennessee ? 

Answer. In my judgment it satisfies them remarkably well. I know it sat 
isfies me. I have made the experiment ; I allowed the freedmen I employed to 
have pretty much their own way, and they made as much as they ever made 
when slaves. I made as much as any of my neighbors made the past year ; in 
fact, I think I made more. I do not hold at all to the idea that negroes will 
\ not work for compensation. 

Question. What, in your opinion, would be the effect at the next election in 
Tennessee of admitting her representatives into Congress now ] Would it re 
suit to the advantage of the Union men of the State to admit the Tennessee 
representatives at this time ? 

Answer. I think it would have a good effect. It would set the whole ma 
chinery of the State in motion, and the people would become identified with and 
better satisfied with the government of the United States, even those who have 
been in the rebellion My judgment would be that different candidates would 
come out at another election, and in some sections what we term radical men 
would be elected ; in other sections what we call conservatives would be elected. 
But I think that in hardly any case at least not in Middle Tennessee would 
they elect what would be called rebels, men who have been in the rebel army 
and taken an active part in favor of the rebellion. They would be afraid, if 
they should put up such men, that the poorer classes would be arrayed against 
them by the Union people, which I think can be done in every district in Mid 
dle and West Tennessee ; ancl if they do that, we will have a civil war at home. 
I really rtiink it would have a very beneficial effect to admit our representatives 
now. I live in as bad a rebel djstrict as any in the State of Tennessee ; not 
originally any worse than others, but they all got into it at last. The rich men 
had influence, and made the poor people go into the rebellion; but I do not 
think they have that influence any longer. 

W. SPENCE. 



WASHINGTON, February 5, 1866. 
Lieutenant Colonel John H. Cochrane sworn and examined. 

By Mr. GRIMES: 

Question. Are you connected with the army ? 
Answer. I have been ; I was mustered out of service last week. 
Question. With what regiment have you been connected ] 



RECONSTRUCTION TENNESSEE. 119 

Answer. With the 101st United States colored infantry. I was acting assist 
ant adjutant general for General Fisk, of the Freedrnen s Bureau. 

Question. Have you been on General Fisk s staff until recently 1 

Answer. Yes, sir. 

Question. How long have you been stationed in Tennessee, and at what 
place ? 

Answer. Since the 5th of September, 1863, at Nashville. 

Question. Have you had occasion to travel much through the State ? 

Answer. Yes, sir; considerable, at various times. 

Question. Have you been brought in contact with the people of Tennessee to 
any considerable extent? 

Answer, Yes, sir; iny official position brought me in contact with a groat 
many people. 

Question. So far as you have been able to form an opinion, what is the pres 
ent condition of public sentiment in Tennessee as regards loyalty to the federal 
government 1 

Answer. I do not think there is much loyalty there. I think the Union 
people are in a very decided minority ; and I think it would be still worse if 
our troops were withdrawn. That has been shown, I think, in the sections 
from which the troops have been withdrawn. 

Question. Is there, in any portion of the State, much dissatisfaction with the 
restoration of the federal government ? 

Answer. Yes, sir ; there is a great deal of it in Middle Tennessee and some 
in East Tennessee. 

Question. How is it in West Tennessee 1 

Answer. West Tennessee is bad, too, in some portions of it- 
Question. How tolerable is the condition of those men who have been loyal 
to the government of the United States throughout the rebellion? 

Answer. In reference to what ? 

Question. How are they treated and regarded by those who have been dis 
loyal ? 

Answer. The feeling now is subsiding a great deal ; but there was a great 
deal of opposition by disloyal men to Union men. They seem to harmonize 
now better than they did a year ago. There does not appear to be so much 
trouble between them. Still the Union men are in the minority, as was demon 
strated at the election of mayor of Nashville ; but there is not much open hos 
tility between them. 

Question. Are the lives, and is the property, of Union men of the State who 
have borne arms in the federal cause safe and protected at this time ? 

Answer. Yes, sir. I do not know how it would be if the troops were taken 
away from the State. 

Question. Do you believe the troops could be safely withdrawn at this time ? 

Answer. I do not; not from the whole State. They might be safely with 
drawn from some portions of the State; but in other parts of the State I do not 
think it would be safe for northern men who have emigrated there, or for the 
Union men of the State who have served in our army, if our troops were with 
drawn. 

Question. Would it be safe for the freedmen ? 

Answer. No, sir, it would not. 

Question. What is the condition of the freedmen there now? 

Answer. It is very good ; they are making contracts for labor. At General 
Fisk s office the demand for laborers was five or six thousand more than we 
could supply. 

Question. Do the freedmen receive remunerative wages for their labor? 



120 RECONSTRUCTION TENNESSEE. 

Answer. I think they do. 

Question. Are the labor contracts generally observed on both sides ? 

Answer. Yes, sir, in most instances. We have had but very little trouble 
in consequence of their contracts being violated. 

Question. So far as you know, has the Freedmen s Bureau operated advan 
tageously for all parties in Tennessee*? 

Answer. Yes, sir, I think so. There has been some complaint about it; but 
I guess the great cause of the complaint, the freedmen s court, has been removed 
now. The admission of negroes to testify in the courts will do away with the 
necessity for a freedmen s court. 

By Mr. GRIDER: 

Question. You say the people of Tennessee are becoming more quiet? 

Answer. Yes, sir. 

Question. What is your opinion as to the effect of the admission of the dele 
gation from Tennessee into Congress? Would it increase the spirit of loyalty 
or quietude, or would it do otherwise ? 

Answer. I think it would increase it. They feel there now as though they 
were not represented, as though they were a Territory, and it was hardly worth 
while being loyal. 

Question. Do the men who were in the federal army and those who were in 
the confederate army treat each other with more courtesy than the citizens do? 

Answer. Yes, sir. 

Question. And more generously? 

Answer. We have but little trouble with the men who were in the confede 
rate army. I found it so in Tennessee and Kentucky. 

WASHINGTON, February 5, 1866. 

Lieutenant Colonel R. W. Barnard sworn and examined. 
By Mr. GRIMES : 

Question. Are you an officer of the United States army ? 

Answer, Yes, sir ; a brevet lieutenant colonel of the United States army. 

Question. Where have you been last stationed ? 

Answer. In Tennessee. 

Question. How long have you been there ? 

Answer. I have been stationed permanently there since the last of June, 1864. 

Question. At what place have you been stationed ? 

Answer. At Nashville. 

Question. What has been your duty there ? 

Answer. From the 21st of June, 1864, until about the 1st of August, 1865, I 
was superintendent of contrabands for the department of the Cumberland. 

Question. Is Nashville still your headquarters ? 

Answer. Yes, sir. 

Question. What is the condition of public sentiment in the State of Tennes 
see in regard to loyalty to the government of the United States ? 

Answer. I do not think there are many citizens of Tennessee who are favor 
able to the government of the United States. 

Question. What do you mean by that ? Do you mean that there is a general 
spirit of disloyalty throughout the State, or merely that they are dissatisfied 
with the condition of things ? 

Answer. Rather that they are dissatisfied with the condition of things. It is 
not disloyalty sufficient to produce an outbreak, but it is a spirit of disaffection. 

Question. What is the condition of the Union people of the State, those who 
have been loyal during the last four or five years ? 



RECONSTRUCTION TENNESSEE. 121 

Answer. Do you mean as regards their treatment by the citizens ? 

Answer. Yes, sir. 

Answer. I do not think they are molested by the southern sympathizers. 

Question. Is it your opinion that they are thoroughly protected in all their 
rights and privileges ? 

Answer. I think they have their rights and privileges by sufferance ; that 
they are simply not interfered with. 

Question. What is the condition of the freedmen in Tennessee ? 

Answer. I think that it is improving. I think that self-interest on the part of 
the employers will protect the freedmen in their rights in a great measure. 

Question. So far as you know, are they now protected in their rights of per 
sons and property ? 

Answer. As a general thing, I think they are by their employers. 

Question. How are they treated by those who are not their employers ? 

Answer. I do not think they are treated with much cruelty; but they are not 
treated with much favor. There is a dislike to the negro since he is free, but I 
do not think he is treated with much cruelty in Tennessee. Still, I ascribe that 
in a great measure to the presence of the military in Tennessee, and the decided 
policy of General Thomas. 

Question. Do you know whether measures are being taken generally through 
out the State to put in crops ? 

Answer. Yes, sir ; and there is a great demand for labor from all parts of 
Tennessee by northern men who have emigrated there and citizens of the State 
who have always lived there. 

Question. Is it your opinion that the military could be safely removed from 
Tennessee at this time ? 

Answer. I hardly know how to express myself on that subject. I have not 
been in favor of removing the military. I can tell you what an old citizen, a 
Union man, said to me. Said he, " I tell you what, if you take away the mili 
tary from Tennessee, the buzzards can t eat up the niggers as fast as we ll kill 
em." I do not think it would be as bad as that; but I know there are plenty 
of bad men there who would maltreat the negro. 

Question. What is your opinion, if you have any upon the subject, in regard 
to the effect upon the public sentiment in Tennessee of admitting into Congress 
the delegation from that State ? 

Answer. I think the effect would probably be beneficial. But I am not a 
politician ; I have never meddled with politics ; I have never voted in my life. 
Still, there is such a universal desire there to have their delegation admitted that 
I think it would probably have a beneficial effect. 

Question. From what does that desire arise ? 

Answer. Simply H desire to be represented in Congress, to be recognized as 
a State again. It is a natural desire for a people to have. I do not think there 
is any particular political meaning in it. 
By Mr. GRIDER : 

Question. Is the inclination or disposition to be severe on the freedmen most 
common with those who formerly owned slaves, or with those who never 
owned any ? 

Answer. There are very few persons of any standing in Tennessee who did 
not formerly own slaves ; therefore, any maltreatment of freedmen would be by 
those who formerly owned slaves. 

Question. Do not a large majority of the people in Tennessee who formerly 
owned slaves, so far as they can, seek to retain them by hiring them ? 

Answer. I think they are more anxious to hire their own former slaves than 
to go abroad for laborers that is, as a general thing; but there are some 



122 RECONSTRUCTION TENNESSEE. 

instances where men positively refuse to let a negro come near them who was 
ever owned by them* 

Question. But the general rule is the other way ? 

Answer. I rather think it is. 

Question. Portions of slaves that belonged to particular men went off with 
the army, and some remained at home. Are not the owners of those who re 
mained at home peculiarly kind and attentive to their interests ? 

Answer. I cannot say how that is in a general way. When I was superin 
tendent of contrabands there were so many instances of cruelty brought before 
me, and at the same time so much evidence of kindness, that I thought it was 
about equally divided ; it depended a great deal upon the natural heart and 
condition of the former owner. 

Question. You speak now of contrabands ? 

Answer. I say my official title was " superintendent of contrabands." 

Question. They were not freedmen then 1 

Answer. Yes, sir. 

Question. The constitutional amendment had not then been ratified ? 

Answer. No, sir ; but the President s proclamation had freed all slaves in 
insurrectionary districts. That is the way I always decided, that the slaves in 
the insurrectionary districts had been all freed by the President s proclamation. 
I decided that the slaves in Kentucky were not freed, but that in Tennessee 
and the other insurrectionary States they were free. 

Question. You speak of your experience as the officer in charge of that in 
terest before the constitutional amendment was ratified ? 

Answer. Yes, sir ; I have had nothing to do with it since. I have been com 
manding my own regiment since August last. 

WASHINGTON, February 13, 1866. 

Oliver P. Temple sworn and examined. 
By Mr. BINGHAM : 

Question. Where do you reside ? 

Answer. In Knoxville, East Tennessee. 

Question. How long have you resided in Tennessee ? 

Answer. All my life ; I was born in Tennessee. 

Question. Will you state what is the present condition of affairs in Tennes 
see touching the good order of the community, and what it has been for the 
past six or twelve months 1 

Answer. During the last three or four months a large portion of East Ten 
nessee has been very quiet, considering the condition of the country previous lo 
that time. Of course, previous to that time all was disorder and confusion and 
war. At the present time I know of but very little disorder there except such 
acts of personal lawlessness as always grow out of the demoralization resulting 
from some years of war. 

Question. How is it in Middle and in West Tennessee 1 

Answer. Personally I know very little about those parts of the State, for I 
have not been there for some time. 

Question. Do you know by general report ? 

Answer. Yes, sir ; I hear a great deal of complaint from there through the 
newspapers and from other sources of information ; but I have not been out of 
my section of the State in that direction for four years. 

Question. According to your observation, does there still exist in the State 
of Tennessee a disunion party 1 

Answer. That is a question very hard to answer. In one sense of the term, 
and probably in most senses of the term, there does exist a disunion party 



RECONSTRUCTION TENNESSEE. 123 

there ; in another sense of the term there does not. In my section of the 
State the Union party was very largely in the ascendency during the war and 
up to the present time. The rebels were very hostile, very bitter, and very 
prescriptive until the surrender of General Lee and General Johnston. Since 
that time the large majority of the rebels in my section of the State with whom 
I have come in contact have expressed a determination to submit to the laws 
and government of the United States, and although I know some original seces 
sionists who still would desire the overthrow of the government of the United 
States if they had it in their power, I think the majority of the original dis- 
unionists in my section of the State are so overwhelmed by the public sentiment 
around them, and the disasters that have befallen their cause, that they utterly 
despair of accomplishing anything of the kind. 

Now, while I apprehend that that state of acquiescence does not exist to the 
same extent in Middle Tennessee and in West Tennessee as in East Tennessee, 
yet public opinion has a great effect upon the sentiments of men, and hence I 
think that a large majority of the original secessionists are disposed to acqui 
esce in the result of the war. I do not think they will ever go to war again 
against the government of the United States, unless there was a much better 
prospect of success than has yet presented itself. In other words, I think they 
are inclined to submit to the existing state of affairs. They complain, it is true ; 
but I do not think they have any intention of rebelling again ; at least they say 
they have not in their conversations with me. I have had some conversations 
with them, though I am not so intimate with them as a great many others are, 
because I am known throughout my region of country as a very decided Union 
man, and by some regarded as an ultra man. 

Question. Have all the secessionists been disfranchised under the new State 
organization of Tennessee ? 

Answer. They have not all been disfranchised only those who cannot take 
a certain oath; certain persons who did not vote at certain elections that are spe 
cified in our laws are permitted to vote. 

Question. What proportion of the former voting population of Tennessee have 
been disfranchised by the existing State organization ? 

Answer. I do not know ; I have never made the calculation. I have seen a 
great many statements made by politicians, but I have never seen any state 
ment that I had reason to believe was accurate. I should suppose that from 
40,000 to 60,000, perhaps more, voters have been disfranchised. 

Question. Is not that a majority of the whole voting population of the State ? 

Answer. I think our voting population before the war was about 145,000. 
I do not know how that number has been affected by the war. 

Question. What is the highest vote given at any election under the present 
organization ? 

Answer. I think that some 40,000 votes were given in the election for gov 
ernor of the State. 

Question. Is it or not your opinion that if the white people of the state were 
all put on an equality in regard to the franchise, a majority of secessionists and 
sympathizers with the secessionists would secure the control of the affairs of 
the State, and elect its officers ? 

Answer. I very much fear they would ; but I am by no means certain about 
that ; I think that would depend somewhat upon the policy adopted by our 
party at the north. If a very ultra and extreme policy is adopted at the 
north it will in all probability, supposing the secessionists should have the 
privileges of the ballot-box, have a tendency to increase their numbers. If a 
milder policy is adopted, it will have a tendency to strengthen the Union ele 
ment. Party combinations are shifting so in our State, and I suppose every 
where now, that it is very difficult to predict in advance what the relative 



124 RECONSTRUCTION TENNESSEE. 

strength of parties will be in the future. I should have some fears that if the 
. franchise laws of our State were repealed and a free election were allowed, the 
rebels permitted to vote, the control of the State would pass into the hands of 
the rebels ; indeed I believe it would. 

Question. Do you think it would be safe for the Union men of Tennessee 
to allow the whole voting population of the State as it formerly existed to con 
trol the affairs of that State without any federal interference at all ? 

Answer. The Union people in our section of the State would unquestionably 
be safe. I cannot answer positively in reference to the other divisions of the 
State. East Tennessee is able to take care of itself beyond any question in the 
world ; no doubt about that. With the present franchise act of our State in opera 
tion, 1 have but very little doubt but what the Union men would be able to 
take care of themselves there. 

Question. Excluding the rebels from voting? 

Answer. Yes, sir. 

Question. But my question was, supposing the right of suffrage was restored 
to all the people ? 

Answer. 1 should apprehend that in certain sections of the State the Union 
men would be in very great danger ; that is, from what I hear, not from what I 
know, because I live in a section of the State where we have no apprehensions 
whatever. 

Question. Suppose the whole body of the white population of Tennessee was 
admitted to the exercise of the franchise, what in your opinion would be the 
security of the freedmen in Tennessee without federal intervention 1 

Answer. I am inclined to the opinion that there would be individual instances, 
and probably a considerable number of them, where the freedmen would be 
very badly treated ; but, on the other hand, I am inclined to the opinion that a 
majority of the people of the State would be disposed to respect their rights 
even if all restraints were removed. I am very well satisfied of one fact that 
the attempt on the part of our friends to protect the freedmen there, (as a 
necessary consequence there have been some unwarranted acts, not intentional, 
upon the part of persons who were superintending that freedmen s department, ) 
has had a tendency to create a feeling of ill will towards the freedmen that 
would not naturally and of itself have existed. I myself think that a majority 
of the southern people entertain a feeling of kindness for those who were for 
merly their slaves. I have always felt that, although I have never in my life 
been an ultra man upon the subject of slavery, and have always preferred my 
government to the institution of slavery, as is very well known in my section of 
the State, I was perfectly willing to give up the institution of slavery. I do 
not think that there is the same enmity towards the blacks upon the part of the 
southern people, even if extraneous influences were removed, as is commonly 
supposed in the north. But possibly I judge more from my own feelings to 
wards those I formerly controlled than from other reasons ; it may be that has 
too much influence upon my opinion upon the subject. 

Question. You mentioned forty thousand votes as having been given at one 
election in Tennessee ; were they given for the same candidates, or were they 
divided among opposing candidates 1 

Answer. My recollection is that about forty thousand votes were given for 
the Union ticket. I am not sure that any at all were given for the- opposite 
ticket, but I may be mistaken about that. I have been very busily engaged in 
other pursuits, ami am not a regular professed politician in any way, though I 
take an interest in such matters. 

Question: Was there a military force present at the last election in. the State, 
in any manner controlling it ? 

Answer. So far as I know, and so far as I have ever been authentic illy in 
formed, there was not. There was a military force in the State ; but if the 



RECONSTRUCTION TENNESSEE. 125 

military interfered at all in the elections there, I have no authentic information 
about it. 

By Mr. GRIDER : 

Question. What is your opinion and your conviction as to the effect of ad 
mitting the present delegation of representatives now elected from the State of 
Tennessee ? Would it increase the loyalty and gratify the feelings of the peo 
ple of the State, and would it decrease it to exclude them ] 

Answer. I think to admit the representatives would unquestionably strengthen 
the loyal men there very much, and to reject them would unquestionably 
strengthen the disloyal element. I think that rejecting them would have a ten 
dency to make a great many Union men discontented, and when men become 
discontented it is a very easy matter to drive them off into the opposite extreme. 
I desire to state one thing more definitely and distinctly than 1 have stated in 
my former answer with reference to the disunionists. I do not pretend to say, 
nor do I mean to be understood in anything I have said to say, that the original 
secessionists in our State have changed their hearts. I think their hearts are 
just where they were four years ago ; but a great many of them are acquiescing 
in the present condition of things, and I think a great many of them intend to 
continue to acquiesce in the supremacy of the government of the United States. 
But I think their hearts are just where they were before ; or, at least, that is 
the case with a majority of them. 

Question. I will ask you whether those gentlemen who are acquiescing, and 
who say they are willing to submit to the general government, are not generally 
men of capacity and influence and consideration ? 

Answer. Yes, sir ; they are generally, so far as I know, because those are the 
persons I generally come in contact with. I have not come in contact with 
many of the common refugees, and I know very little about their sentiments. 
It is generally persons of position with whom 1 have come in contact, or with 
whom I have had conversation. I have had conversation with a great many of 
them, and they are men generally of standing and respectability, or were so be 
fore the war. A great many of them have fallen off very much, in my estima 
tion, since that. 

WASHINGTON, February 13, 1866. 
John Williams sworn and examined. 
By Mr. BINGHAM : 

Question. In what part of Tennessee do you reside, and how long have you 
resided in that State 1 ? 

Answer. I reside in Knox county, East Tennessee, and have resided there 
all my life. 

Question. Have you the means of knowing the general state of public feel 
ing in Tennessee ? 

Answer. I think I have. 

Question. What is the feeling of the majority of the people of Tennessee 
towards the government of the United States 1 

Answer. So far as I am advised, it is my opinion that the feeling of not 
only the majority, but almost the entire mass of the people of Tennessee, is 
friendly towards the government of the United States. I know of no opposi 
tion there, and hear of none except through the newspapers. You can hear 
contradictory statements upon that subject almost every day. Some contend 
that there is opposition to the government. But my observation is that there is 
none anywhere in the State, so far as I am advised. The rebels have been 



126 RECONSTRUCTION TENNESSEE. 

thoroughly whipped, and I think they are disposed to acquiesce in the 
supremacy of the authority of the United States. 

Question. Are the rebels disposed to take the possession and control of the 
government of Tennessee, if they get the chance to do so ? 

Answer. I suppose if you were to give them the privilege of voting, as a mat 
ter of course they will go to the polls like everybody else, and they will vote ; 
and in that event, there being a majority in Tennessee of those who were 
rebels, they would get the control of the State. But I am one of those who 
do not believe there is much opposition in the State of Tennessee to the govern 
ment of the United States. If you permit them to go to the polls, of course 
they would be in the majority, because there are more of them than of the 
other party in Tennessee. 

Question. What is the relative strength of the rebel population in Tennessee, 
compared with the white Union population ? 

Answer. I think that upon the question of separation from the Union, which 
was the last real test we had there, there were from 40,000 to 45,000 for the 
Union, and about 100,000 for secession. That was about the vote, as well as 
I now recollect. 

Question. Is it your opinion that the two parties sustain about that relative 
relation now? 

Answer. I do not think they do. 

Question. What do you think is now the difference between the whole num 
ber of Union voters and rebel sympathizers in Tennessee? 

Answer. That I cannot tell. We can only judge of that from the test of an 
election, and we have had no election which was anything like a test since the 
8th of June, 1861, and therefore it would be impossible for me to form any 
exact idea as to what would be their relative strength at this time. I do not 
think, however, the proposition to secede again would now get a single vote 
in Tennessee. 

Question. I do not mean whether they would vote for secession now, but 
whether the rebels would vote to give themselves the control of the State. 

Answer. My observation and experience for the last twelve months in Ten 
nessee would lead me to believe that some of those who have been the worst 
rebels have now got to be some of the most noisy Union men ; they are the 
most clamorous and make the most noise. The great body of the Union men 
in my section of the country have not been to an election for some time. They 
refused to vote at any of the elections under the secession government, and a 
great many of them have not gone back to the polls since they have been 
under federal rule. 

Question. What is the reason of that? 

Answer. I suppose it is for various reasons. There is a state government in 
Tennessee now which a great many of the Union men do not indorse. 

Question. Why do they not indorse it? 

Answer. Because they do not think it was organized in accordance with prin 
ciples laid down in the constitution of the State of Tennessee; that is all. 

Question. Do they still have that opinion ? 

Answer. I think a great many of them have. Still they acquiesce in the gov 
ernment; they offer no resistance to it. You are asking me for my opinion. 

Question. Undoubtedly ; and a great deal of this testimony which you are 
giving is merely your opinion. Do these Union men of whom you speak intend 
to remain away from the polls under the existing State organization? 

Answer. I do not think they do. I think, as time rolls on, they will all go 
back to the polls. But men in a high state of excitement will not do a great 
many things which otherwise they will do. 

Question. Do you know anything about any agreement or organization among 



RECONSTRUCTION TENNESSEE. 127 

the rebels to acquiesce for the present, and after restoration to take control of 
the State? 

Answer. I have no knowledge of any such organization. 

Question. Neither from rumor nor otherwise 1 ? 

Answer. None, except what I have seen published in the Nashville papers, 
as coming from some gentlemen there. A Mr. Fletcher, and others who are on 
a committee there, say that such is the fact. But I have no knowledge of the 
existence of any such organization. 

Question. Those men to whom you refer have made that statement public? 

Answer. Yes, sir; it is contained in an address to Congress, which I suppose 
you have all seen. 

Question. Do you think with the State of Tennessee under the control of 
rebels, without any restraint upon them from federal intervention, justice would 
be done to the freedmen in that State? 

Answer. I do not think there is any disposition upon the part of anybody in 
Tennessee, rebel or Union, to inflict any injury upon the colored man. 

Question. That is not exactly an answer to my question? 

Answer. Well, I will endeavor to answer as well as I can. 

Question. My question is whether you think, if the control of the State should 
pass into the hands of the rebel majority, justice would be done to the freedmen 
in Tennessee? 

Answer. I think it would ; because I know personally a great many rebels 
who are as kind to the negro as any one else is, and therefore I think it is fair 
to infer that they would continue to be so. 

By Mr. GRIDER : 

Question. What effect do you think the admission into Congress would have 
upon the spirit and temper of the people of Tennessee ? Would it gratify them 
and make them more loyal, or would it tend to encourage the rebel feeling there? 

Answer. I think it would have a very beneficial influence ; I think it would 
go a great way towards bringing about a better state of feeling than perhaps 
exists there now. There are some of our people there, good Union people, who 
are disposed to complain of the action of Congress in not admitting our repre 
sentatives. I think their admission would put them in good humor and make 
them feel better disposed towards the government. 

WASHINGTON, February 13, 1866. 

Abner G. Jackson sworn and examined. 
By Mr. BINGHAM : 

Question. In what part of Tennessee do you reside, and how long have you 
resided there? 

Answer. I reside in Knox county, East Tennessee, and I have resided there 
for fifty-seven years. I was born in the neighborhood of Petersburg, Virginia. 

Question. What is your opinion of the present feeling of the majority of the 
people of Tennessee towards the friends and defenders of the Union in the State 
of Tennessee ? 

Answer. So far as my observation goes, the feeling of the secession party is 
nothing like as bitter as it was some time ago. Until within the last two or 
three months there has been a great deal of bitterness and a great deal of trouble. 
But it is now much more quiet, so far as my observation goes. . 

Question. Is it your opinion that the active Union men of Tennessee would 
be safe if the control of the government of the State was transferred to the hands 
of the majority, that majority being understood to have been rebel ? 



128 RECONSTRUCTION TENNESSEE. 

Answer. I really think they would. I should be perfectly willing to risk it 
if it were thought practicable and advisable to do so. But just in that con 
nexion, speaking of rebels, perhaps you and I would differ as to who were 
rebels. My neighbor, for instance, has been a rebel ; but he is an honest man, 
and comes up and takes the oath. I do not now look upon him as a rebel, be 
cause by taking the oath he has wiped out his sin of rebellion. In regard to 
honest men, I take a different view of that subject from some others. An honest 
man before the war will be an honest man after the war. 

Question. In what majority are those persons in Tennessee who have been 
in favor of the rebellion ? 

Answer. I am not as well posted in that respect as some others are. 

Question. Do you think they would be as about two to one to the Union men 
in Tennessee ? 

Answer. I think, taking the whole State, perhaps they would be, or that they 
have been. 

Question. Are they now ? 

Answer. I do not think they are. 

Question. Are they in the majority in the State now ? 

Answer. I think it very likely that they have a decided majority. 

Question. Do you think the vote of the State now would be in the proportion 
that Mr. Temple has stated, whose testimony you have heard? 

Answer. I form my opinion more from what Mr. Temple and Mr. Jackson 
have stated than from my own observation, for they have bestowed more pains 
upon this subject than I have. 

Question. Do you know about what was the vote of Tennessee for governor 
at the last election for that office? 

Answer. I do not ; I was absent from Tennessee at that time. 

By Mr. GRIDE R : 

Question. You have spoken of the bitterness that existed between the rebels 
and the Union men some months ago. Will you not state whether that was not 
rather a personal difference, rather than a feeling of opposition towards the 
United States government ? 

Answer. It was a personal difference, and confined to very low people, as a 
general thing. 

Question. What effect, in your opinion, would the admission of the delegation 
from Tennessee into Congress have upon the people of the State? Would it 
have a good effect ? 

Answer. I think it would have a very decided effect to harmonize the people 
of Tennessee. 

Question. Will you state whether the rebel officers and the Union officers 
who have met in your neighborhood since the war ceased have not got along 
harmoniously together and like gentlemen ? 

Answer. Officers and soldiers both have done so; that is true, with the ex 
ception, as I stated before, of low fellows. 



PART II. 



VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA. 



SUB-COMMITTEE. 

Mr. JACOB M. HOWARD, (of Michigan,) United States Senate. 
Mr. ROSCOE OONKLING, (of New York,) House of Representatives. 
Mr. HENRY T. BLOW, (of Missouri,) House of Representatives. 



Mr. CONKLING, from the Select Joint Committee on Reconstruction, reported 

the following evidence. 



TESTIMONY 



WASHINGTON, January- 23, 1866. 

Brevet Major General John \V. Turner sworn and examined. 
By Mr. HOWARD : 

Question. Of what State are you a citizen ? 

Answer. The State of Illinois. 

Question. Are you now in the public service ? If so, in what capacity, and where are you 
stationed? 

Answer. I am in the military service of the United States, in command of the district of 
Henrico, including the city of Richmond, Virginia ; I have been in command there since the 
middle of June last. 

Question. Does your district include any other city than Richmond ? 

Answer. It does not ; it includes the county of Henrico and the town of Manchester, op 
posite Richmond, on the opposite side of the James river. 

Question. Were you in the Union army at the time of the evacuation of Richmond ? 

Answer. Yes, sir. 

Question. Serving under whom ? 

Answer. I was commanding a division in the 24th army corps, under General Gibbon. 

Question. State, generally, the nature of your duties at Richmond at the present time. 

Answer. Perhaps I had better go back a little and state what my duties have been, as they 
have been circumscribed somewhat lately. 

Question. Please do so. 

Answer. On assuming command there I took the entire control and charge of the city of 
Richmond, exercising all the power and authority ordinarily vested in the municipal authori 
ties of a city. The civil courts were suspended all the ordinary tribunals before which the 
citizens of a community resort for the redress of their grievances. 

Question. Was the district under martial law ? 

Answer. Yes, sir. 

Question. Has it been ever since ? 

Answer. Yes, sir. 

Question. And is now ? 

Answer. Yes, sir. From time to time I have turned over to the regularly constituted civil 
authorities which have been established all actions in civil cases. During the summer, and 
until October, I took cognizance, as a sort of equity court, of all civil cases that I could ad 
judicate upon. I was consequently brought in contact with a great many citizens, who 
necessarily came to me for relief of their wants of various kinds. 

At present my duties are confined almost exclusively to affairs in which freedmen are in 
volved. The State civil courts all having been established, a mayor having been elected and 
his police court established, they have taken from me all jurisdiction over matters tending to 
the peace and quiet of the community. At present, therefore, I take cognizance only of those 
matters in which freedmen are involved ; and of those I take action only in criminal cases ; 
all civil cases go to the Freedmen s Bureau. But Richmond being a large city, and there 
being a large congregation of negroes there, there is required a court constantly in session to 
dispose of criminal cases of daily occurrence. I have trom ten to twenty cases every day to 
dispose of, mostly for petty misdemeanors. 

Question. Is there in your district any interruption of the courts of justice by mobs or 
violence ? 

Answer. No, sir. 

Question. Are juries regularly assembled in the State courts for the trial of causes ? 

Answer. The courts were established only late in the fall, and the only court that has 
been going on is what is called the hustings court. Of that court there are two branches the 
one composed of a judge, the other of fifteen magistrates. That court does not have a jury. 
I think that in the circuit court and in Judge Meredith s court there is a jury. 

Question. How are the sheriffs of those courts appointed ? 

Answer. They are all elected. 

Question. Have you been present in Richmond or in any other place in Virginia on any 
day of election ? 

Answer. Yes, sir. 

Question. What do you know in regard to ex-rebels voting? 
1 V NC SC 



2 RECONSTRUCTION. 

Answer. The first election in Richmond was for mayor, aldermen, members of the council, 
sheriff, high constable, commonwealth s attorney, &c. So far as tumultuous proceedings 
were concerned, that election was conducted very quietly ; there was no disturbance. I took 
every precaution that the soldiers should not interfere with the voting ; that they should keep 
a\vav from the polls. The people had free scope to do and say just what they pleased. I 
oulv"took the precaution, in case of a riot or disturbance, to have the means at hand to sup 
press it. I know that at that election the people of Richmond electioneered on the streets 
and made harangues and speeches in favor of ex-rebel officers. 

Question. Was this done within your own hearing? 

Answer. I cannot say I heard it ; it was so reported to me. 

Question. Was the information you received so direct and authentic as to leave no doubt 
upon your mind as to its correctness ? 

Answer. Yes, sir. 

Question. Did you, at that election, hear any outcries or shouts, indicating that the people 
were generally more in favor of those candidates who had been rebels than of those who had 

Answer. I did not, personally, for I took the precaution to keep out of sight of anything 
of the kind that day ; but my officers, whom I had on duty, reported to me that such things 
did occur, and I am fully confident they did. 

Question. Have you mingled freely with the people of Richmond and of other portions of 
your district since you have been in command there, so as to be able to ascertain the state of 
their feelings towards the government of the United States ? 

Answer. I have been thrown in contact with a great many of them; but when you ask me 
if I have mingled with them gone into their society I must say that I have not, because 
they will not permit me to do it. 
Question. Why not? 

Answer. Because I am a "Yankee," and they will not permit me to go inside their nouses. 
Question. Can you give an instance of any exclusion of that sort? 

Answer. No, sir; not of any direct exclusion; only that none of them have ever invited me to 
visit their houses. I know of only one instance where I was invited to the house of a citizen 
of Richmond who was, and has been during the war, a secessionist. I judge from the man 
ner in which they avoid me ; the nature of their conversation when they are in my presence, 
when they are obliged to approach me on matters of business; their deportment and their 
acts on the streets indicating all these things satisfy me that I am not welcome among them. 
On the contrary, that they have towards me, and I am constantly reminded of it, a deep- 
abiding hate. I am filled with the cousciousnesss of it every day. I have not been on the 
streets of Richmond scarcely a day for the last four months that I have not seen some indi 
cation from man or woman marking his or her contempt for me because I am a "Yankee ;" 
bv a shrill of the shoulders, by walking across the street to avoid meeting me, by their 
turning their backs on me, or leaving a store when I enter it, turning their noses up at me. 
I do not suppose a day has passed in any week for the last four months that that has not 
been done. 

Question. Are you aware that any of those citizens have any cause of personal dislike 
towards you ? 

Answer. They have not. 

Question. Have you had any personal altercation with any of them ? 

Answer. Not with a single person in the city of Richmond. When I have been brought 
in contact with them, in the exercise of my official duties, I have always treated them 
kindly ; I have spoken pleasantly to them ; I have avoided in every way the giving any 
offence by word or act 

Question. Have you received any instructions from your superiors in relation to your 
demeanor towards them? 

Answer. No, sir; I have never received any instruction on that point. 
Question. I do not mean any official instructions ; but have you not been informed of the 
desire of the President of the United States on that point ? 

Answer. I conceived it to be my duty, when I was assigned to the command there, to do 
all in my power to conciliate and harmonize the people, and I did it conscientiously. I have 
forced down many a time against my inclination the indignation that arose in me, feeling 
that it was my duty to do so ; that perhaps I ought to forbear showing rny feelings. I think 
it probable that if you should ask the citizens of Richmond, they would speak of my course 
there as having been charitable and kind. At any rate, such are the reports that are brought 
to me ; that they have nothing to gainsay of what I have done. Of course, in the proper 
discharge of my official duties there, I have been obliged to take some measures that were 
not very pleasant to some of them. 

Question. It was your uniform and firm intention and inclination to treat them fairly and 

Answer. Yes, sir ; as much so as I ever attempted to perform any duty in my life. 

Question. And you are not conscious of ever having acted differently? 

Answer. No, sir. 

Question. What is your conviction of the general sentiment of the people in your district, 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 3 

or in Virginia generally, so far as you know, towards the government of the United States ; 
as a general thing, as a prevalent feeling, do they like it or do they hate it? 
Answer. It is my conviction that they hate it. 
Question. And you derive this conviction from what? 

Answer. From a long intercourse with them ; from watching them as carefully as I could 
and judging them as dispassionately as I could; and I think I am able to judge them dis 
passionately. I do not think they love the country or the government. It is their belief, 
or their expression of belief, that they cannot live with the north ; that they are a different 
people. I do not think that their oath of allegiance conveys to them any binding force or 
obligation whatever to support and defend the government. I do not believe that they, for 
an instant, think it does. 

Question. As a general thing ? 

Answer. As a general thing. 

Question. Why not ; in what sort of casuistry do they indulge in that regard ; in other 
words, how does it happen that a man, honorable and honest in his private relations, can 
reconcile it to his conscience to violate and disregard his oath ? 

Answer. That is a matter entirely beyond my comprehension. I can only attribute it to 
the fact that they are an impulsive people, and speak and act from their impulses more than 
from their reason and judgment. I have had related to me scores, and I may say hundreds 
of times, instances of men who have taken the oath of allegiance, asserting that they would 
never fight for the old flag. 

Question. Does this information come to you from authentic sources ? 

Answer. Yes, sir. I call to mind distinctly now one instance where a man told me that he 
was sitting at the breakfast table in a private boarding-house, when the conversation turned 
upon the probability of a war with France or England. One man present at the table re 
marked, "Well, if we get into a war with England, I am going on that side." 

Question. On the side of England ? 

Answer. Yes, sir. " I am going to fight for England ; I will not fight for this country." 

Question. Was that man one of position in society there ? 

Answer. That I cannot say. He was certainly living at a genteel boarding-house. 

Question. Was he an educated and well-bred man ? 

Answer. He was boarding with the gentleman who related the circumstance to me, and 
who goes in the first society there. I have heard these things so often that I have ceased to 
pay attention to them ; they pass in one ear and out of the other. It is from hearing these 
remarks, and from their deportment towards me, that I have been brought to the conviction 
that their oath of allegiance does not bear with any force or obligation upon them. 

Question. In case of the actual occurrence of a war between the United States and any 
foreign power, say England or France, suppose there should be an opportunity offered for the 
southern rebels to join the enemy ; in your opinion, what would they do ? 

Answer. I cannot help but think they would go against us. If a foreign fleet should land 
on the coast of any of the southern States, the people, as a community, might not organize 
into an armed band or an armed force and re-enforce the enemy ; but I believe they would 
assist them by giving them information and furnishing them with supplies, and open their 
country to them as a base of operations. Such is my conviction. I think if we should get 
into war with a foreign pcwer, and that power should make offers to the leading military men 
of the rebellion, the generals, colonels, majors, &c., the most of them would accept the 
offers. I think that is their spirit now. 

Question. What is your idea as to the decrease or increase of this spirit since the close of 
the war ; so far as your observation extends, has it decreased or increased ? 

Answer. There is vastly more demonstration of it now than there was in the months of 
May and June last : whether their feeling of hate has increased since that time or not I will 
not say. They certainly give more demonstration of it now than they did then. 

Quastion. In your judgment what has been the effect of the pardons and amnesties which 
have been granted to rebels in Virginia, especially in your district ; what has been the moral 
effect upon the minds and hearts of the recipients of those favors ? , 

Answer. I cannot help thinking that it has gone far to depress the hopes of the few Union 
men there, and to raise the hopes of the secessionists. The secessionists receiving pardons 
seem to have assumed an authority and political control, and to exercise an influence upon 
society that they did not before they received those pardons ; and, of course, their control 
and influence are antagonistic to the Union people and Union sentiment. The Union peo 
ple were in the minority after these secessionists got their pardons, and had to take back 
seats. I have been deeply grieved for the Union men there when I saw their utter want of 
hope. I am confident that, as they all tell me, they have no hope now. 

Question. Have the Union people there any effectual strength, politically or socially ? 

Answer. No, sir, neither politically nor socially. Union men who have lived in Virginia 
all their lives tell me they will have to leave as soon as our troops are withdrawn. 

Question. Is such the state of things now ? 

Answer. Yes, sir. There are men there who remained there during the four years of the 
war, who were Union men, but whose feelings and opinions were not generally known 
through the war ; by keeping quiet and out of the way of the crowd they were lost to the 



4 RECONSTRUCTION. 

public view generally. Since our advent there they have come forth and made known what 
were their feelings and sentiments all through the lour years of the war. These people are 
now persecuted to death, one might say, by the rebels, who accuse them of having l>een 
false to their flag and their countiy. 

Question. I will suppose this case: that the military power and control of the government 
is entirely withdrawn from Virginia, and from the other rebel States, so that there shall be 
no longer the restraining influence of the government of the United States upon them ; but 
those States would apparently have perfect liberty to again attempt to secede from the 
Union ; would they or not again attempt to set up the so-called confederate government, or 
something like it ? 

Answer. I think this : that if they thought they could succeed, by tearing down the United 
States flag to-morrow, they would do it. 

Question. Suppose this case: that the government of the United States should not exer 
cise or threaten to exercise its military power and restraint in opposition to secession again ; 
or, in other words, suppose there was no immediate prospect of the use of military force for 
that purpose, would they again undertake to go out of the Union and form a confederate 
government and take the chances ? 

Answer. There are so many contingencies involved that one can hardly give a direct 
answer to that question. I arn confident they would fire on the United States flag to-morrow 
if they thought that by so doing they would effect a separation. But there are many chances 
against them, and it is a question ot how many chances they would take against themselves. 
My theory of the matter is this : they are determined, I think, to effect a separation from the 
north socially and commercially ; they failed to effect one politically, and they are determined 
to effect a social and commercial separation if they can. They will make themselves a sepa 
rate people in every way ; make it unpleasant for northerners to be among them ; be aggres 
sive, and a northerner will be unable to obtain redress. They will do that for the purpose of 
effecting a social separation, and making themselves a distinct people, so far as they can, 
while living under the same government ; biding their time when they may effect a politic il 
separation. 

Question. Ever entertaining the hope of an ultimate separation ? 

Answer. Yes, sir, that is my opinion ; and if we cannot overcome those people, socially 
and commercially ; if we cannot make them homogeneous with us at the north, by introdu 
cing among them enough of us, I think it is only a question of time when we shall be sepa 
rated. They say they cannot mix with us; that they do not mean to mix with us ; that 
they cannot live with the north. 

Question. Why? 

Answer. Because they say they are above the north. They look upon a man from the 
north as a mean and despicable wretch, a Yankee. There is nothing so contemptuous or 
opprobrious, in their estimation, as the term "Yankee." It is the concentration of every 
thing mean and despicable ; and if we cannot overcome that feeling by sending capital, and 
brains, and muscle down there, we will yet be a divided country. At present there is con 
siderable northern capital in Richmond ; and men will come up and cringe and fawn for the 
purpose of borrowing money. A president of a bank there told me himself that they would 
come up and cringe for the purpose of borrowing money, and then would not speak to the 
man on the street of whom they got it. Capital has not yet begun to exercise much influ 
ence there. A great deal of capital which had been taken there has been withdrawn, owing 
to the animosity exhibited on the part of the people there. Those who took it there have 
left, feeling that they could not get along. 

Question. Among capitalists who have thus attempted to take their money into Virginia, 
what is the feeling in regard to their obtaining justice from the courts as they are adminis 
tered there ? 

Answer. As the courts have been established very recently there, I do not know that I 
ought to give an opinion upon that subject. But knowing what the feelings of the people 
are^ I can readily anticipate what the result will be ; it cannot be otherwise. But as they 
have had little or no opportunity as yet to show what their course will be in that respect, 1, 
perhaps, had better not express an opinion. 

Question. What is your impression as regards the conviction of rebels for treason by a 
Virginia jury ? Could a jury be found in Virginia that would convict a man of treason ? 

Answer. I have not the slightest idea in the world that it could be done ; it would be a 
farce to attempt any such thing. 

Question How do the people of Virginia treat the emancipated negroes ? 

Answer. I do not think there is a general feeling of aggression towards the negroes. The 
more intelligent people there, those who have landed estates, need their labor. Being de 
pendent upon them for labor, they see the necessity of employing them, and are disposed to 
get along with them. All of the people, however, are extremely reluctant to grant to the 
negro his civil rights those privileges that pertain to freedom, the protection of life, liberty, 
and property before the laws, the right to testily in the courts, &c. They are all very 
reluctant to concede that ; and if it is ever done, it will be because they are forced to do it. 
They are reluctant even to consider and treat the negro as a free man, to let him have his 
hall* of the sidewalk or the street crossing. They cannot get over their prejudices against 






VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 5 

him, or have not as yet. Among the lower classes of the whites there is a spirit of aggres- 
sion against the negro ; they are disposed to ban the negro, to kick him and cuff him, and 
threaten him with what they will do as soon as the Yankees go away. 

Question. Is this feeling of dislike of the negro more intense and bitter with the lower*! 
classes of whites than with the upper 1 

Answer. I think that, as a rule, even the more intelligent classes cannot look upon the 
negro in any other light than a negro. Their feeling may, perhaps, be more deep ; and while 
they are willing to treat him well not to abuse him physically they do not accord to him 
civil rights. The very question of according civil rights to a negro is something very repug 
nant to them, something at which they revolt from the very bottom of their souls. With the 
lower classes I speak now more particularly of the city of Richmond probably the feeling 
does not exist to such an extent in the rural districts there is an impulsive feeling of aggres 
sion a desire to hit the negro out of the way. They do not think about his rights; they do 
not appear to know what it means ; only they feel that the negro has something now that he 
did not have before ; that he is putting on airs. And a great many of the negroes are in 
clined to take the thing in their own hands ; they are not disposed to be imposed upon by 
those people, if they can have half a show to defend themselves. 

Question. Can you think of any motive which would induce the white population of that 
region to permit the negro to have the right of suffrage 1 

Answer. No, sir; they will not do it, unless they are compelled to do so at least not for 
years. I do not know what motive would induce them to do it now; it must be some great 
compulsion. I have seen the proposed amendment to the Constitution introduced by the 
Joint Committee on Reconstruction. My present impression is, that should that amendment 
be adopted, they would lose a portion of their representation before they would allow the 
negro to vote. 

^ Question. State, in general terms, what is the condition of the colored population in your 
district and its vicinity in respect to good order, industry, and willingness to labor and earn 
a living, if treated fairly and paid reasonably. 

Answer. They are getting along there fully as well as could be expected. The affairs of 
the Freedmen s Bureau have been very well managed, so far as it has come under my obser 
vation. I have no doubt of the disposition of the freedmen to work. Of course, take any 
class of slaves as numerous as were those of the south and remove from them the restraints 
under which they have always lived, and there will be a great many lawless, idle people 
among them who will be inclined to prey upon the community ; but I have no doubt at all that 
the mass of the freedmen will soon learn what it is to take care of themselves. I have talked 
with a great many men down there who have employed a large number of negroes, and I 
have yet to come across the first case, where the negro has been impressed with the confidence 
that his employer was willing to accord to him all his civil rights as a free man, that there 
was any difficulty at all. In those instances where there has been trouble, and the negro 
has gone off and left the place, I have found the employers to be impracticable men. As I 
said before, they could not forget that the negro had been a slave. They might not be dis 
posed to punish them or beat them; but there was something in their conduct which excited 
in the mind of the negro that he had not accorded to him all the privileges of his new status, 
and the consequence was that the negro was discontented, was not so controllable, and was 
disposed to wander off and leave his work. 

Question. Owing to his want of faith in his employer? 

Answer. Yes, sir. And then I think there is another cause which may, perhaps, tend to 
create some discontentedness. No man likes to labor for a contingency. The negroes were 
necessarily compelled to do so, because the farmers were poor and had no money to pay 
them. They w r ere consequently employed upon the contingency of receiving a portion of 
the crop ; that was in the future, and the negro could not see it. That, combined with a dis 
trust of his employer, tended to make the negro discontented ; but in every instance where 
he has been paid his wages at the end of every mouth he has been contented. 

Question. Are there many negroes who own property, real or personal T" 

Answer. There are a great many ; I cannot say what per centage. 

Question. Do any of them own farms 1 

Answer. I think very few of them own farms ; it was not permitted much under the old 
system. 

Question. Are you aware of any combination among the white proprietors by which the 
negroes are prevented from becoming the purchasers of land 1 

Answer. No, sir. 

Question. Do you know of any combination in regard to the employment and wages of 
negroes 1 

Answer. Not in my district. I understood there was in the lower part of the State ; but, 
being outside of my district, it was a matter about which I did not inquire. 

Question. Will you state any other facts which occur to you as being important in this 
connexion 1 

Answer. I do not know but I have been over the whole ground pretty nearly. 

Question. What military force have you now in Richmond ? 

Answer. They have just taken away a part of my force, and that is one reason why I 



6 . RECONSTRUCTION. 

desire to go back immediately. My force now has probably been reduced to about rive 
hundred troops. 

Question. Stationed in Richmond? 

Answer. Yes, sir. Just in proportion as we have withdrawn from the control of civil 
affairs have the people expressed their discontent and contempt publicly. It has got so now 
that actually as disloyal speeches are made, and as disloyal articles published in the papers, 
as ever there was at any time; and that is increasing just iu proportion as we relax our con 
trol and authority. 

Question. Do you not perceive among the whites of the section where you are. a deep 
sense of mortification and chagrin at the fact of their having been overcome in war? Is it 
not a deep-seated and very bitter feeling of disappointment ? 

Answer. Yes, sir, undoubtedly. 

Question. And of mortified pride? 

Answer. They have a very deep feeling of disappointment, a very deep feeling. But it 
never struck me that they felt it as we would, because they have so often confessed to me 
what was unpleasant for me to hear, what I did not wish to hear, and what I tried to re 
press them from saying. They would say to me, "Well, you have conquered us; we are 
whipped." Now, I think if a man of generous soul felt deq) mortification he would keep 
quiet on the subject. I have always thought that their feeling of mortification was more 
superficial than otherwise. But I think their disappointment was very great in not attaining 
success. Their admissions six months ago were much more general and much more candid 
than they are now. 

Question. Much more frank ? 

Answer. Yes, sir. Immediately after the surrender of Lee s army at Appomattox I was 
sent to Lynchburg to take possession of that city ; and I came all the way with my troops 
from there to Richmond, and I talked with a great many people in the country and in the 
city, and it was my conviction at that time that the people were disposed to accept the results 
of the war, but that they were not very clear as to what those results were, or all that they 
involved. If some of their own people had stepped forward then and told them what they 
would have to do, they would have yielded a ready acquiescence to almost anything. 

Question. What is your profession? 

Answer. I have never had any profession but that of a soldier. 

Question. Were you educated at West Point? 

Answer. Yes, sir. 

Question. How long have you been in the service ? 

Answer. Ten years last June. 

Question. What is your age? 

Answer. I am thirty-three years of age. 



WASHINGTON, January 31, 1S66. 
Judge John C. Underwood sworn and examined : 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. At Alexandria, Virginia. 

Question. Are you a native of that State ? 

Answer. I am not. 

Question. How long have you resided in the State of Virginia ? 

Answer. About twenty years. 

Question. What official position, if any, do you now occupj- ? 

Answer. I am the United States district judge for Virginia. 

Question. How long have you held that; office? 

Answer. About three years. 

Question. During that time in what portion of Virginia have you resided? 

Answer. In Alexandria, or near there. 

Question. Will you state how the war has left matters in Virginia? 

Answer. It has left great bitterness of feeling between those who are loyal and those who 
adhered to the confederacy ; and I think that bitterness has increased within the last two 
months. It certainly has in Alexandria, and in those parts of the State with which I am 
most acquainted. 

Question. Can you state any incident that has occurred within your district as evidence of 
disloyal feeling, or of the feeling of bitterness to which you have referred? 

Answer. I will mention a fact that came under my official observation last week. A Mr. 
Minor F. Davis acted as a guide and scout for the Union army during a long period of the 
war, and was and is a thoroughly loyal man. He was imprisoned in Prince William county 
jail, under the charge of larceny. The sheriff who held him was a rebel, and has been 
recently elected sheritf of that county. Application was made to me for a writ of habeas 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 7 

corpus, the affidavit setting forth that Davis had been imprisoned for guiding some Union 
forces, so that they succeeded in capturing a band of guerillas in that county, some fifteen 
or twenty in number, and from these guerillas their horses were taken. That was the only 
act of which Davis was accused. The affidavit also averred that the sheriff who held him in 
custody was, at the time Davis rendered this assistance to the Union forces, in open armed 
hostility to the government ; that he had since been elected sheriff of the county. I issued 
the writ, and Davis has been discharged from custody. About the time my marshal got 
there the provost marshal got there, and I think Davis was really discharged by the provost 
marshal. 

I will mention this fact also: under decrees of confiscation rendered in my court, sales of 1 
property have been made. Several of the persons who became purchasers have recently 
been proceeded against in the State courts the circuit and county courts by way of eject 
ment, in order to put the old parties in possession of the property thus sold. The purchasers 
have been prosecuted in several instances. They are annoyed in that way, and in one or 
two instances they have actually been ejected by the local authority from their purchases. 

Question. During the lifetime of the original owner ? 

Answer. Yes, sir. 

Question. That is, the judgments of the State courts have overruled the judgments of your 
court under the confiscation act of Congress ? 

Answer. I think it has been done generally by some evasion. I do not think they have 
done it in direct terms. There are a number of prosecutions of that kind now pending, and 
one or two I understand have been decided. But I do not know the precise grounds on 
which the decisions have been rendered. 

Question. Do you find it practicable to get a jury of loyal men in your court? 

Answer. Not unless it is what might be called a packed jury. I do not believe, from what 
I have seen, that a Union man could expect to obtain justice in the courts of the State at 
this time ; certainly not if his opponent was a rebel. The bitterness of feeling is very great, 
and I think the jury would be at least nine-tenths rebel, and the influence of the court would 
be the same. 

Question. Do you think it practicable to call a jury in Virginia that would convict a man 
of treason ? 

Answer. It would be perfectly idle to think of such a thing. They boast of their treason, 
and ten or eleven out of the twelve on any jury, I think, would say that Lee was almost 
equal to Washington, and was the noblest man in the State, and they regard every man who 
has committed treason with more favor than any man in the State who has remained loyal 
to the government. 

Question. Do you refer to the whole State ? 

Answer. Yes, sir. 

Question. Would those prejudices against a Union man, and particularly a northern man, 
operate so far with a Virginia jury as to lead them to deny him ordinary justice in a matter of 
private right ? 

Answer. I think they might. I will mention this fact : there was a native of Virginia who 
was a paymaster in our army. In I860 he was the only man in his county who voted for 
Mr. Lincoln. When he left the service he settled his accounts in a most satisfactory manner. 
In November last he was shot down and killed by a returned rebel surgeon in the streets of 
Alexandria. Believing that it would be utterly impossible to prosecute him successfully in 
the State courts, I applied to General Augur to take cognizance of the case, and bring the 
offender to trial. But the general told me that the State having been so recently turned 
over to the civil authorities he did not feel that it would be proper tor him to take cognizance 
of the case ; and the murderer of Major Dixon has not yet been punished, but is still at 
large. 

On Christmas day there was a riot in Alexandria, in which one negro was killed, and a 
number of others were seriously wounded. ]n that case General Augur thought it proper to 
institute a trial of the offenders by military commission, and they are now undergoing U ial. 

I mention these facts to show, what, in my judgment, is the truth of the matter, that the 
condition of the loyal white man in Virginia at this time is worse even than the condition of 
the colored man, inasmuch as the colored man is protected by military authority, while the 
white man is not. Therefore the condition of the colored man is much more endurable than 
that of the loyal white man. 

Question. What is the feeling among the people of Virginia toward the freedmen ? State 
any example that may occur to your mind to illustrate that feeling. 

Answer. I think the feeling was well expressed by one of the most intelligent, and, I may 
say, one of the most candid rebel gentlemen of Alexandria. We were engaged ^ in friendly 
conversation in my office one day, in the course of which conversation he remarked, " Sooner 
than see the colored people raised to a legal and political equality, the southern people 
would prefer their total annihilation." I had regarded him as well informed, and almost as 
candid a man as we have among the rebels. 

Question. Have you heard similar expressions from white persons of lower condition ? 

Answer. Soon after the Christmas riot in Alexandria, one man remarked to me that he 
"would kill a nigger as soon as he could see him." I think the first man expressed the 



8 RECONSTRUCTION. 

sentiment of the educated ; the last expressed the sentiment of the vulgar and uneducated, espe 
cially of the returned rebel soldiers. 

Question. Have you any reason to suppose that there has been and still is any concert or 
conspiracy among the freedmen to produce disturbances in the State of Virginia, to seize the 
lands of their masters, or do any other illegal act to the prejudice of society or of individuals ? 

Answer. I am confident there is no such design. I certainly know the sentiment of the 
leading colored men there. I am president of the Freedmen s Relief Association of Alexan 
dria, and I have had intercourse with the leading colored men upon various subjects, churches, 
schools, &c., and I have contributed as liberally as I could to the building of school-houses 
and churches for the colored people, and I think I have their confidence. 

Question. Have you any ground to suppose that any such concert or conspiracy exists or 
has existed ? 

Answer. I am satisfied no such conspiracy has ever existed ; on the contrary, I have found 
those people very peaceful and law-abiding. 

Question. Do you suppose this disposition on the part of the whites pervades the State 
of Virginia generally ? 

Answer. I think it does. And I think the principal reason for it is the assistance the ne 
groes rendered the Union cause during the rebellion. When I was holding court at Rich 
mond recently, I had a conversation with one of the leading men in that city, and he said to 
me that the enlistment of negro troops by the United States was the turning-point of the 
rebellion ; that it was the heaviest blow they ever received. He remarked that when the 
negroes deserted their masters, and showed a general disposition to do so and join the forces 
of the United States, intelligent men everywhere saw that the matter was ended. I have 
often heard a similar expression of opinion from others, and I am satisfied that the origin of 
this bitterness towards the negro is this belief among leading men that their weight thrown 
into the scale decided the contest against them. However the fact may be, I think that such 
is a pretty well settled conclusion among leading rebels in Virginia. 

Question. Have you any knowledge of, or any reason to suspect the existence of, a con 
spiracy or plan in Virginia or elsewhere in the rebel States to reopen the war or to set up 
another rebellion ? 

Answer. I have not. On the contrary, although they are now quite as rebellious in spirit 
as they have been at any time, I believe their present design is to attempt to accomplish 
their purpose through the ballot-box. 

Question. What is then- scheme ? What is their idea ? 

Answer. I think I understand their scheme. I think it is their expectation that there will 
be some split in the Union party, which will enable them, in concert with the democratic 
party of the north, to succeed by voting better than by fighting. 

Question. Let me put a hypothetical case to you. Suppose that by means of a combina 
tion with the so-called democratic party, alias copperhead party, alias conservative party, 
they should again obtain political power in Congress, and in the executive department ; 
suppose this to be the result of a combination between the ex-rebel party in the south and 
this so-called democratic party in the north ; what would be the effect of that ascendency 
upon the rebel States 1 What measures would they resort to ? 

Answer. They would attempt either to accomplish a repudiation of the national debt, or 
an acknowledgment of the confederate debt, and compensation for their negroes. I think 
these would be their leading measures, their leading demands ; and I think if either the rebel 
debt could be placed upon an equality with the national debt, or both could be alike repu 
diated, they would be satisfied. But the leading spirits would claim compensation for their 
negroes, and would expect to get it by such a combination. 

Question. Suppose they should not succeed in their scheme of repudiating the national debt, 
or in their other scheme of the assumption of the rebel debt ; what would they finally do, pro 
vided they had the power ? 

Answer. If they had the power they would undoubtedly again go out of the Union, because 
being aristocratic and not republican in their tastes and feelings, they would greatly prefer 
some other form of government. I have for twenty years past known that that was the 
feeling among the leading men. I think they always would have preferred an aristocratic 
government to any other. 

Question. What degree of cordiality exists generally among the people of Virginia towards 
northern men and loyal people ? 

Answer. There seems to be an almost total separation, socially, politically, religiously, 
and educationally. For instance, we have five Union churches and five churches which are 
recognized as rebel churches in the city of Alexandria all white churches ; and then we 
have six colored churches there, that are intensely loyal ; and there is hardly ever an instance 
where a man of one political feeling goes to a church of a different political belief. I do not 
know of half a dozen instances in Alexandria. 

Question. How are weB-bred northern men treated by the rebels when they visit Alexan 
dria or other parts of Virginia 7 

Answer. I do not know that they are treated at all ; they are simply let alone, according to 
my impression. I do not think they are treated offensively. The Union element is very con 
siderable in Alexandria enough so to be respected. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 9 

i 

Question. There is no disposition to form social alliances or acquaintance with them on 
the part of the rebels ? 

Answer. The separation is very pronounced indeed. 

Question. They are rather disposed to be a separate people ? 

Answer. It would seein so, at all events. Past recollections seem to be very controlling in 
their social relations. 

Question. What, in your judgment, has been the effect of the liberality exercised by the 
President of the United States in granting pardons and amnesties to the rebels of Virginia 1 

Answer. Well, to say the least, they have in most instances been ungrateful. 

Question. Has that liberality and kindness of the President rather increased than dimin 
ished the respect and regard of the rebel community for the government of the United States ? 

Answer. I think it has encouraged their hopes of ultimate success in obtaining power in 
this government, and that or some other cause has increased their vindictiveiiess towards 
Union men, and their ill treatment of them. I think that has been the cause. 

Question. Do you think that has been one of the causes of the increased malignity of the 
rebels towards Union men? 

Answer. I think it has been. 

The examination of the witness was here suspended ; but subsequently resumed on the 
same day, and concluded as follows : 

By Mr. HOWARD : 

Question. State whether you are a member elect of the Senate of the United States ? 

Answer. I have been elected by the legislature of Virginia to the long term in the Senate. 

Question. When were you elected ? 

Answer. I was elected about a year ago to fill the vacancy about to occur in the Senate by 
the retirement of Mr. Carlile, for six years. 

Question. State what is your own feeling in regard to the readrnission of the rebel States 
into the Union ; I wish you to make a clean breast of it. 

Answer. Of course I have a strong personal interest in the admission, at least, of members 
of Congress elect ; but that is entirely overpowered by the conviction that the immediate ad 
mission of the southern States would produce unpleasant consequences. I fear that it would 
be fatal to the peace of the country. 

Question. What is the general feeling among the Virginians in regard to negro suffrage in 
that State ? 

Answer. I think the loyal men, who I suppose do not amount to anything like one-fourth 
of the white people, are in favor of it. The loyal men are, so far as I know, almost invaria 
bly in favor of equal suffrage. 

Question. Would they limit the right of suffrage by any qualification ? 

Answer. I think there is some difference of opinion on that subject among the loyalists. 
Some would prefer to see it limited, either by educational or property qualifications, or by 
service in the army of the United States ; I have heard that opinion expressed frequently. 

Question. Would they generally prescribe a property qualification ? 

Answer. I think that is not so generally favored as either of the others either education 
or military service. But I have heard some say that they would like a property qualification; 
that, however, they would like to see applied as -s\ell to whites as to blacks. At present we 
have no property qualification. 

Question. The mode of voting in Virginia has it not been, under her law, for ages, twa 
voce! 

Answer. It has been. 

Question. Not by ballot ? 

Answer. No, sir. 

Question. How do the rebels feel in regard to negroes voting I mean those who have been 
rebels ? 

Answer. Well, sir, I think they are nearly unanimous in their opposition to it. 

Question. In case the right of suffrage should be given to the negroes there, is it likely 
that there will be outrages and disturbances of the public peace, scenes of violence and riot ? 

Answer. I think that some bad men might perhaps assault negroes when they come to the 
polls ; I think it probable that there would be instances of that kind, but I do not apprehend 
anything very serious. 

Question. Would the rebels themselves, if in authority as municipal officers, preserve the 
peace with alacrity and defend the negro 1 

Answer. Well, sir, prejudice is strong against the negro, because they regard him as hav 
ing turned the scale against them ; I think that is a very prevailing notion now, that the 
negro turned the scale against the rebels. His adherence to the Union cause, and his deser 
tion of the master, naturally produce an unkind feeling against him. That feeling is not uni 
versal. I must do some of my rebel acquaintances the justice to say that they consider that 
the negro was justified in the course he took ; that it was human nature to strike for freedom. 

Question. In case of hostilities between the United States and one of the first-rate Euro 
pean powers, is it your opinion that the masses of the people of Virginia would stand firmly 



1 RECONSTRUCTION. 

by the government of the United States and defend it against foreign invaders and foreign 
hostilities ? 

Answer. I think their hostility to the conquerors, as they call them, the Yankees which 
means everybody from the north is greater than it is to almost any foreign power, and they 
would prefer to be associated with any respectable European power, rather than have their 
present compulsory association with their conquerors. 

Question. I infer from your answer that there would be danger of their adhering to the 
enemies of the country ? 

Answer. I fear there would be danger of that if they felt it would be safe. 

Question. If they thought that it would give them an occasion to escape from the govern 
ment of the United States, would they or not avail themselves of it 1 

Answer. I think most of them would ; I think their tastes and habits and feelings are all 
aristocratic, and that they would prefer an aristocracy, or even a monarchy, to a republican 
government. I speak of the leaders those who took the States as they say, out of the Union* 

Question. During the civil war has there been any considerable feeling among the Virgin 
ians in favor of establishing a monarchy in the confederacy ? 

Answer. I of course had no association w r ith the leaders during the rebellion ; we were 
separated by two lines of bayonets, and I could not speak as to that. 

Question. Speak according to the best information you have derived at that time or since. 

Answer. I know that many of them would prefer what they would call a strong govern 
ment an aristocracy, a government of the wisest, of the property-holders, of the intelligent, 
as they would say to a government of the rabble of the people. I know that that is a very 
prevailing opinion ; I have conversed with leading men on the subject. 

Question. What is the standing at present among Virginians of Jefferson Davis, in point 
of popularity ? 

Answ r er. He is not as popular a man as General Lee by any means. He is regarded as 
their representative man, but I know that he is not really as highly esteemed as some others 
at the south. There are those who are strongly opposed to him at Richmond ; some of tlie 
newspapers there were very hostile, particularly the Richmond Examiner. 

Question. What are some of the principal defects in his administrative career ? 

Answer. I think they have complained of his want of firmness, as they called it, and his 
leniency towards prisoners, more than anything else. I have heard that spoken of ; I have 
heard them accuse him of selfishness ; and a variety of defects are alleged against him by 
his opponents. He certainly is not as popular as General Lee. 

Question. Could either be convicted of treason in Virginia? 

Answer. Oh, no ; unless you had a packed jury. 

Question. Could you manage to pack a jury there ? 

Answer. I think it would be very difficult, but it could be done ; I could pack a jury to 
convict him ; I know very earnest, ardent Union men in Virginia. 

Question. Do you think of any other matters that you deem it necessary to mention on 
this examination ? 

Answer. I do not know that I do. I know a man named Joseph Stiles who acted as a 
scout in Virginia, and who has since been indicted for assisting the forces of the United States 
in taking horses belonging to guerillas. That is treated as horse-stealing in the State courts 
of Virginia. 



WASHINGTON, January 31, 1866. 
Lewis MoKenzie sworn and examined. 
By Mr. HOWARD : 

Question. You reside in Alexandria ? 

Answer. Yes, sir ; I was born there, and have always lived there. 

Question. What is your occupation ? 

Answer. I am a merchant, and I was a representative in the general assembly of Virginia 
for three sessions. I was in the assembly that called the convention of 1861. I have been 
elected to Congress twice; but they never gave me a seat. 

Question. You were not a member of the insurgent legislature of Virginia ? 

Answer. I was a member of the legislature that called the convention of 1861. 

Question. That was a loyal legislature ? 

Answer. A majority of the body were not loyal. 

Question. Have you served in any legislatures of Virginia since 1861? 

AnsAver. Oh, no, sir; I left the general assembly on the 4th of April, 1861. We ad 
journed that day sine die. , 

Question. How extensive is your acquaintance throughout the commonwealth of old Vir 
ginia? 

Answer. I am pretty well acquainted throughout the commonwealth. I am president of 
the London and Hampshire railroad, and if abuse of me in the disloyal papers is evidence 
of acquaintance with the people, there can be very little doubt of it. 



VIEGINIA NORTH CAROLINA SOUTH CAROLINA. 11 

Question. In general terms, \vhat is the state of feeling among the rebel people of Vir 
ginia towards the government of the United States ? 

Answer. I will tell you. President Lincoln sent me a pass to go to Richmond two or 
three days before his unfortunate murder. I went down to Richmond, and was in Richmond 
when the news of the massacre came. I thought the temper of the people was really hum 
ble. They seemed to be humble and rather kindly disposed, and when the news came of 
the death of Mr. Lincoln it created a very great sympathy. Although they were whipped, 
still they were trembling in their shoes from an apprehension that Mr. Johnson, whom they 
despised as a southern Union man, would execute his purpose, so often indicated before, 
during, and since the w r ar, in reference to the punishment due to traitors. I thought that 
the people were getting kindly disposed towards the government, and had made up their 
minds that Mr. Lincoln was a much better man, more kindly disposed towards them than 
they ought to have expected under the circumstances, and were satisfied that their State gov 
ernment would be restored ; still I know there was a great deal of bitterness towards the 
government of the United States. /I stayed there a week, (this was in April, 1865.) I was 
anxious for Governor Peirpoint s government to be sustained, and I did all I could to open 
the door for him. I went down partly for that purpose. I found a very great unwillingness 
on the part of the people ; but still, before I left, they found there was no hope of anything 
else, and they finally concluded that it would be better for Peirpoint to come there. He did 
not come for some time after ; he stayed in Alexandria waiting for movements on the part of 
the President and others. I went to Richmond shortly after Governor Peirpoint, and I found 
the former enemies of the government coming in crowds to the governor to advise him that, 
under the Alexandria constitution, it would be impossible to organize a legislature. They 
were anxious for rapid reconstruction, and for the removal of the test oath and other restric 
tions upon the eligibility to office contained in the Alexandria constitution, which were great 
stumbling-blocks to the former enemies of the government ; and I thought the best thing he 
could do was to call the legislature together if he could only get ten loyal men, and if he 
could get even one or two or three more every year, so as to organize a State government, 
but at any rate that it should be organized upon a Union basis. After leaving Richmond I 
heard, when going down the James river, that Governor Peirpoint had called the members 
of the general assembly together, and when I got to Alexandria I found the call in the hands 
of some of the people. It struck me with great surprise. When that legislature went to 
Richmond they altered the constitutional provisions in such a manner that I found that the 
loyal men of the State were to be totally sacrificed and turned over to the power of the se 
cessionists. Still I had some hope that the people would be favorably inclined towards the 
government, and that the kindness shown to them by the Executive would probably have a 
good effect. A great many people called upon me to recommend their pardons, and I, hav 
ing been somewhat of a prominent man in that part of the State, recommended a great many 
for pardon, and the pardons were obtained ; but I am sorry to say, from my experience of 
things, that this policy has not had a good effect. I am satisfied that the indiscriminate 
pardoning system adopted by the President has produced a very bad effect, and that the 
State of Virginia is in a worse condition now than it was last April. That has grown out of 
two facts which were the cause of all our troubles during the war. One is this : start from 
Alexandria or Washington or Baltimore, and go down the bay, and through the south, and 
you find the New York Daily News and the Baltimore Daily Gazette rabid secession pa 
pers in circulation at every point, and all over the State. There is scarcely a secessionist 
in. Alexandria or along the line down to Tennessee who does not have these papers. Then 
we have the disloyal sheets of Virginia ; and the minds of the people are poisoned and dis 
affected in that way. It was so during the war, and it is still kept up. In Alexandria one 
of the newspaper sellers tells me that he sells ten copies of the Tribune, five copies of the 
Times, one hundred and fifty copies of the Herald, and two hundred and fifty copies of the 
News, and the numbers run all along in that way. 

Question. These two papers, the New York News and Baltimore Daily Gazette, are under 
stood to be what kind of papers ? 

Answer. The meanest, awfulest secession papers, unfriendly to the government, and the 
people are constantly plied with that kind of fuel. It seems to me that there are twice as 
many papers in the State since the war as there were before; so that under such influences I 
do not wonder that the people are unfriendly to the government. Then they have been 
spoiled and ruined also by the policy of the President of the United States. 

Question. What, in your judgment, has been the effect of the so-called liberal policy of the 
President of the United States in extending pardons and amnesty to rebels 1 

Answer. Decidedly unfavorable. 

Question. Unfavorable to what ? 

Answer. Unfavorable to the cause of the Union and to the restoration of the Union senti 
ment in the State. I hav^ no doubt about it. I am sorry to say ,it, because these people 
were friends of mine. 

Question. What opinion or feeling does that liberality seem to create among the people 
there? 

Answer. A feeling of contempt. It grows out of the fact that these people have been 
treated better than they expected ; that has had its effect. Then they are constantly influ- 



12 RECONSTRUCTION. 

enced by the hope that their disloyal members will get into Congress, and they expect to 
form a coalition with the northern democrats and copperheads. 

Question. Suppose they get the ascendency ; what will they do ? 

Answer. They will repudiate the public debt ; that is what they will do ; that is what they 
want to do. In Georgia, South Carolina, and North Carolina, when the people sell their 
cotton for greenbacks, they go right to the broker s office and buy gold for the greenbacks, 
paying four per cent, more than gold is worth in the New York market ; they do this because 
they have no confidence in the United States government ; they say it will be the same again 
as it has been, and after they will have saved two or three cotton crops you will find that 
two-thirds of the specie of the country will be in the cotton States. My own opinion is that 
they are waiting and hoping for a restoration of the Bourbons in 1863. 

Question. By the Bourbons you mean the copperhead party ? 

Answer. Yes, sir ; I mean the copperhead party of the north and the secession party of the 
south, who are brethren ; of course they always were brethren ; I have a perfect horror of 
them myself; but I would not do any injustice to the people ; still, that is God s truth. 

Question. Suppose they succeed in reaching that point of ascendency in the government of 
the United States ; what do those men in Virginia propose to do now go out of the Union, or 
to have another civil war ? 

Answer. No, sir. 

Question. What are they going to do ? 

Answer. They expect to take possession of the government of the United States. Let 
them have a majority to-day and they will soon let you see what they will do. They will 
join with Fernando Wood and those gentlemen of the north, and will form a party to repudiate 
the national debt ; they will not pay the interest on the public debt ; and suppose there 
should be a war bctwee n the United States and Mexico, you would get but few men to assist 
you from Virginia to the Texas line. 

Question. You are speaking now from your own observation ? 

Answer. From what I see going on now ; and what you see in Virginia is pretty much the 
same everywhere else. You might meet occasionally a gentleman who feels kindly disposed 
towards the government, but there are very few Union men in the south. 

Question. In your opinion what proportion of truly loyal men are there in Virginia ? 

Answer. The district where I was a candidate runs from Frederick down to Prince William, 
and embraces the counties of Frederick, Warren, Shenandoah, Fauquier, Alexandria, Fairfax, 
Prince William, &c., I think eleven counties in all. I had supposed from the kindness I 
had exhibited to that people all along that they would have given me a tolerably decent vote. 
I was born in the State and have always lived in the State. I used to beat everybody in 
my district for the legislature ; and before the war, I was a tolerably popular fellow, because 
I was an industrious man and worked pretty hard. I got about 1,900 votes in the district, 
and I was beaten about 3,000 by a secessionist. The county of Frederick did very well, 
giving me, perhaps, 600 votes. I got a tolerably decent vote in Loudon county, 400 perhaps, 
and about 400 in Alexandria. I think that in the county of Fauquier, Billy Smith s counfy, 
I got only nineteen votes ; that is the South Carolina of Virginia. These people would not 
vote for me because I was a Union man ; of course they would not ; they told me openly at 
the polls that they did not intend to vote for anybody who was a Union man. There are 
some very good Union men in the State, but they were to be found among the masses of the peo 
ple chiefly ; mostly hard-working Union men ; for instance, in the town of Winchester there are 
very respectable, sensible, hard-working men, who are Union men, and you will find that pretty 
much all the Union men are of the middle class of people ; but there is no hope in the Union 
men of Virginia. I had hoped myself that the rebels would have left the State, would have 
gone to Minnesota, Iowa, Illinois, or to Mexico, and that their places would be supplied with 
honest, industrious northern settlers ; but the rebels are coming right back, and I do not see any 
hope in the world for the Union men without the immediate aid of Congress or the President. 
I do not know what is to become of them. We had a meeting at Alexandria the night before 
last, and we are going to memorialize Congress to put Virginia in a territorial condition. I 
do not know whether Congress will have the power to do that, and I suppose the President 
will be opposed to it. The proposition is pretty radical, but the evil reqtiires a radical cure. 
The difficulty about the provisional government is simply this : We have had experience of 
it in Governor Peirpoint ; that gentleman did as well as he could under the circumstances. 
If you put a provisional governor there, the same people who control Governor Peirpoint will 
have the control. You have got to commence at the foundation and build up. This is my 
opinion about it ; it is the unanimous opinion of pretty much all the Union men of Alexan 
dria, and it is going to be the opinion ot the Union men throughout Virginia. 

Question. How do the rebels in the neighborhood feel towards the freedmcn ? 

Answer. The Union whites treat them remarkably well ; they are paying them fair wages. 
In I860 and 1861 1 was a large merchant in Alexandria, shipping a very large amount of goods, 
and I have had to do with negroes all my life. The price of labor in Virginia then for field- 
hands was $1^0 to $130 a year, and $70 a year for a woman. In addition to that the master, 
who hired them, furnished them with clothes, provisions, house, and fuel, and at Christmas 
the bond was paid for his wages. That was after the price of cotton had advanced, and 
when the negroes had advanced in South Carolina to $1,000 and $1,500. Now, at the close 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 13 

of the war, employers are only -willing to pay these people from six to seven or eight dollars a 
month, or a hundred dollars a year, out of which these laboring people have to buy their 
clothes and pay their doctors bills, while the price of clothing is double what it was in I860. 
I employed, three months ago, from eighty to a hundred of these freedmeu to work on land 
I have got this side of Drainesville. They came in at Christmas, when I paid them their 
wages. I give them seventy-five cents a cord for cutting pine wood, and supply them with 
a month s provisions in advance. They all work cheerfully and pleasantly. They went 
back after Christmas, and have remained there ever since. There is no difficulty about the 
freedmen working, but they work better for gentlemen who treat them kindly than they work 
for rough people. If you pay them and treat them kindly there is no difficulty about the ne 
gro working. The only difficulty about it is with overseers who become proprietors, and be 
tween whom and the colored race there is a natural antagonism. That is the trouble I appre 
hend about all this affair. These people and the miserable newspapers will destroy the col 
ored people finally. My own opinion is, that whenever the day comes for colored men to 
vote, they will vote for nobody but gentlemen. They are not going to vote for pot house 
politicians. It will be the most conservative vote ever given. 

Question. What is the disposition of the freedmen in your neighborhood in regard to edu 
cation ? 

Answer. They are very smart ; very anxious for education. 

Question. Eager for education ? 

Answer. Very much so. 

Question. Are there any facilities for going to school ? 

Answer. Oh, yes ; there are a good many free schools in Alexandria. 

Question. What is the feeling of the whites generally in regard to the education of the col 
ored people ? 

Answer: The rebels are not in favor of it ; they are opposed to it. 

Question. What is the feeling of that class of people in regard to negroes voting? 

Answer. They are very much opposed to it. They think it a very great outrage. 

Question. In case the negro should be allowed to vote, how would he be treated at the polls 
in voting ? 

Answer. I reckon if the darkies ever get to vote some of these fellows will want their votes, 
but they will not get them. I reckon there will be no difficulty on that head ; but I do not 
think it would do to remove the Freedmen s Bureau from Virginia at present. 

Question. What would be the effect of that removal ? 

Answer. It would be very disastrous to the colored people. 

Question. Would it not have the effect of reducing them to a condition worse even than 
slavery itself? 

Answer. I do not know about that. I am not prepared to say. The effect would be very 
injurious, and I think it would be very unsafe to do so. 

Question. Has not a bill passed the senate of Virginia requiring a five years residence in 
the State before a person can vote ? 

Answer. The bill has not passed. It was reported by committees of both houses ; but I 
think the legislature got alarmed about it. and has put back the provision of the old law re 
quiring a two years residence. The object of the five years limitation was to prevent 
northern people from voting there, and to keep the power in their own hands. They have 
taken our Alexandria charter away pretty much, merely to get power in their hands ; and 
that is the fear I have about this Congress. 

Question. They do not intend to permit any immigration from the north? 

Answer. They do hot want northern immigrants to vote there anyhow, and do not want 
them there at all, if they can help it. 

Question. How are their commercial relations with the northern people? Are they 
friendly? 

Answer. I do not know. The secessionists or disloyal people hold very little intercourse 
with the loyal people after their pardons are obtained. They all worship in the same church. 

Question. The rebels go to rebel churches, and the Union men to Union churches ? 

Answer. Yes, sir. It is a great misfortune. I do not know how it is to be settled. I 
think you will find that Alexandria is a very fair exponent of Virginia. 

Question. You think that these disloyal newspapers do a great deal of mischief? 

Answer. I think they are the cause of all our present difficulties. I think the war was 
prolonged two years by them. During the time that General McClellan was in command in 
Virginia the proportion of newspapers sold in the camp was one thousand Heralds, five hun 
dred copies of the Daily News, ten copies of the Tribune, and five copies of the Times. 
What could you expect? You could not get the government to say that these copperhead 
papers should not be sold in the army. If it had stopped their circulation I think the war 
would have been closed long ago, unless it was that God did not intend it to be closed 
sooner. 

Question. If the rebels had the opportunity, would they assume the payment of the rebel 
debt? 

Answer. Why of course. All the rebel States would if they could do it. And I do not 
know what constitutional amendment can be devised to prevent them. The difficulty to be 



14 RECONSTRUCTION 

apprehended is, that if these people are permitted to come in and effect a coalition with the 
democrats of the north they will finally control the government, and will certainly never pay 
the federal debt. That is my opinion. The government ought to take care of the public 
debt. 

Question. Would they not also overturn the whole system of emancipation if they 
could? 

Answer. I really cannot say about that ; but they hate the government of the United 
States bitterly. There is no question about that. They have no love for the government 
of the United States. It is a great misfortune. 

Question. To them? 

Answer. Yes, and to the government. 

Question. Do you think the rebel people in Virginia and elsewhere respect the power of 
the United States ? 

Answer. No, sir ; but they are afraid of it. 

Question. Is there anything about the United States which they respect ? 

Answer. I do not know that there is. They will give the government trouble some of 
these days. They will try to get into power before 186d. 



WASHINGTON, January 31, 1866. 
George S. Smith sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. I am now residing in Maryland. I am a citizen of Virginia, but am temporarily 
residing in Maryland. 

Question. In what part of Virginia have you been residing ? 

Answer. In Culpeper county. 

Question. What is your business? 

Answer. Farming. 

Question. How long did you reside in Culpeper county ? 

Answer. I moved into Culpeper county in 1846 from Spottsylvauia county. 

Question. Are you a native of Virginia ? 

Answer. No, sir; I am a native of the State of New Hampshire. 

Question. You must, of course, be pretty well acquainted with the condition of affairs in 
Culpeper county, and the state of public feeling them towards the United. States ? 

Answer. I have had very good opportunities of becoming so. I am very well acquainted 
throughout the State. 

Question. According to your observation, what is the state of feeling among the disloyal 
portion of the people of Virginia towards the government of the United States? 

Answer. I think it is hostile. 

Question. In what sense is it hostile ? 

Answer. I do not think that they will yield obedience to the government of the United 
States any further than they are compelled to do. None whatever willingly. 

Question. To what particular classes does this feeling attach itself ? 

Answer. I think to the leading classes ; what we call representative men. I think the 
common class of people could be handled very easily. The trouble is with our leading men, 
arid with the newspapers. 

Question. Among the leading classes is there, properly speaking, any attachment to the 
government of the United States ? 

Answer. I do not know of an instance not an instance. 

Question. If they could have their own way, what would they do ? 

Answer. If they could have their own way, they would certainly separate. There is 
nothing that would induce the south to live with the north if they could have their own way. 
That is a settled fact. 

Question. You mean to be understood as saying that there is a hatred on the part of the 
southern people to the north ? 

Answer. Yes, sir ; a perfect hatred. 

Question. What do you regard as the principal cause of that hatred ? 

Answer. Education. They have been educated up to it. I have lived among them nearly 
thirty years, and it was not so when I first went there. The people on the stage of action 
now have been educated up to it. They believe in themselves as a superior class of people, 
and that northern people are a low-lived, degraded class of people. 

Question. In what respect do they regard themselves as superior? 

Answer. Intellectually. 

Question. Morally ? 

Answer. I do not know that I can say that. 

Question. Physically ? 

Answer. They did believe physically. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 15 

Question. Has that feeling become, in any degree, changed or modified as a result of the 
war . 

Answer. I do not know that I am capable of answering that question properly. I went 
into Richmond with our army. There I met with a great many gentlemen of my former ac 
quaintance influential, leading men. They then gave up everything. They were very 
plastic indeed ; you could have moulded them in any way. I have since met with them re 
peatedly, and they have gene back again to their first notions. They now say that they do 
not regret anything they did ; that if they had to do it over again they would do the same 
thing. They only regret their want of success. Their object in going into it is just as strong 
now as it was. 

Question. What effect has the President s liberal policy toward the rebels and rebel States 
had, with reference to the increase or diminution of loyal feeling towards the government of 
the United States ? 

Answer. I think it has brought forward a class of men as representative men, who would 
not otherwise have come forward. I think it has brought forward the original leaders of the 
rebellion, who would not have sought position if they had not thought they could get it 
through this policy. 

Question. Has that policy of the President increased or diminished the respect of the slave- 
holding class of Virginia towards the government of the United States 1 

Answer. I do not know, for I do not think they ever had any respect for it. 

Question. Then I am to infer that it has not increased that respect? 

Answer. Certainly it has not. 

Question. Speaking of that policy, has it, or has it not, made that class more contemptuous 
towards the United States than they were before ? 

Answer. I should think it has. 

Question. I mean in their expression? 

Answer. Yes, I think it has. 

Question. How has that result arisen ? 

Answer. From the leniency of the government. They did not expect it. The representa 
tive men of the south have had power and are ambitious of power. When the rebellion was 
first brought to a close, they did not expect that they could reckon upon that power any more. 
They thought that they had lost it, and that they would have to step aside. But when a 
mild policy was resorted to, and inducements were held out to them to come back, they 
thought there was an opportunity for them again to step back and regain what they thought 
they had lost ; and they took that opportunity. It has brought in a different class of men, 
who would not have come in if that policy had not been resorted to. 

Question. What, in general, are the schemes which that class of southern people now have 
in view ? 

Answer. To overthrow the general government and to repudiate the national debt. 

Question. And to assume the payment of the rebel debt, think you? 

Answer. I do not know that I can venture to say that because I have different views from 
most people respecting that rebel debt. I do not think that the masses of the people at the 
south could be induced to vote to pay that debt. The men who have been in the army re 
ceiving $13 a month could not be degraded so low as to make them tax themselves to pay at 
the rate of sixty or seventy dollars for one, for the benefit of a few speculators. 

Question. You think they have in view still the overthrow of the government of the United 
States. What are the means by which they propose to accomplish it ? 

Answer. By political combinations. I talked with a great many of the leading politicians, 
and they say they want to try to accomplish by stratagem what they failed to accomplish by 
war. 

Question. Let us hear what their plan is. 

Answer. I think that they have a great many friends among the democracy of the north, 
if I may use plain language. 

Mr. HOWARD. Yes, use plain language. 

WITNESS. They say that the large proportion of the national debt is owned at the east, 
and that the west, when they are taxed to pay it, will begin to squirm will be dissatisfied; 
and they think that with their peculiar ingenuity they can influence the west to go with them 
and assist them in repudiating the federal debt and establishing their independence, perhaps. , 

Question. Have you any reason to suppose that there are combinations in Virginia or else 
where in the south, any secret associations, having such an object in view? 

Answer. I do not know of any. I believe, however, that is the fixed determination of every 
one of the leading men. 

Question. And you think that their general purpose is to get rid of the authority of the 
United States ? 

Answer. I do. 

Question. What, in brief terms, have been your means of knowledge ? 

Answer. I have been connected with the internal improvements of Virginia before the war. 
I have been a contractor on some internal improvements and have become well acquainted 
with some of the leading men of the State in that way. The first year or year and a half of 
the war I was inside the rebel lines. General Pope let me out when he came to Culpeper. 
Since then I have been with the federal army in Virginia. Wherever the army has been 



1 6 RECONSTRUCTION. 

I have been. I have met with a great many Virginians, men of influence. Not being sub 
ject to military control, I would drift around, and these people would talk more freely with 
me than with an officer, and I could get their opinions in that respect. I have not met with 
a gentleman of influence or position who is not just as determined in his purpose now as when 
he first entered the rebellion, that is, to have a separate government if they possibly can get it. 

Question. Do you think that the policy of Mr. Johnson has encouraged that purpose ? 
Answer. I really do, sir. 

Question. Do you think that his establishment of State governments under military orders 
and decrees has had the effect of encouraging that hope of the ultimate independence of the 
rebel States ? 

Answer. I think the encouragement held out to them in allowing them to elect their own 
officers has had a tendency to make them think that they can in time carry out what they 
failed to carry out by the sword. 

Question. What effect has that policy had on the Union men ? 

Answer. It has diminished them in this way : it has made a great many men who were 
Union men cloak it over ; they dare not say anything. I do not know that the cases are in 
numerable, but they are very common. Union men who have been speaking to me have said, 
"Mr. Smith, please to say nothing about what has passed between you and me as to politics. 
My property is here, my life is here, my associations are here, my business is here, and I do 
not want to have it known that I ever said anything in favor of the federal government." 
They want to cloak it up. They dare not at this day have it known that they are Union men. 

Question. Do you think, then, that that policy has brought upon the Union element a feel 
ing of despair rather than of courage and hope ? 

Answer. That is my experience, sir. It has suppressed among the common people a good 
deal of the Union feeling which was growing up. 

Question. Suppose the question was now put in the proper form to the people of Virginia 
whether they would secede whether they would go out of the Union ; and suppose that 
there should be no danger of military interference to prevent it, or any effort on the part of 
the United States to prevent it; what would probably be the result of the vote? 

Answer. More than ninety-nine out of every hundred would vote to secede. 

Question. Suppose the question should be submitted in the same way to the people of Vir 
ginia whether they would pay their just share of the federal debt contracted in the prosecu 
tion of the war : what would be the result of that vote ? 

Answer. They would vote against it. 

Question. Why? 

Answer. They think it is unjust. They think it is forced upon them. 

Question. Suppose the United States should be engaged in a war with a first-rate foreign 
power, such as England or France : what would be the conduct of the people and the gov 
ernment of Virginia on such an occasion ? 

Answer. I think they would study policy in regard to it. I think the leaders, if they 
thought it was for their interest that they could gain anything by doing it would sustain 
the government ; otherwise they would go against it. 

Question. Suppose that, at such a moment, there should be a combination and concert be 
tween the rebel States, and suppose that that combination should assume, apparently, strength 
enough to assure success in case they joined the enemies of the United States : what, then, 
would be their conduct ? 

Answer. I think they would join them ; I am sure they would. 

Question. Have you ever talked with any men of influence and position in Virginia, or 
elsewhere in the slaveholding States, on that subject? 

Answer. Not bearing so strongly as that ; but, from such conversation as I have had with 
them, I should certainly think that that would be the course they would pursue. I do not 
think that there is any loyalty at all in the leading men of the State of Virginia. 

Question. In the event of such a war, would you regard these ex-rebel States as elements 
of strength to the United States, or of weakness ? 

Answer. Of weakness. 

Question. How do they feel generally towards the freedmen ? 

Answer. Hatred. Their hate, first, is to the citizen Union men ; their next hate is to the 
negro ; and their last is to the Yankees, as they call them. 

Question. If left to themselves, what would they do with the negro 7 

Answer. They would entirely extirpate him from the face of the earth. They would first 
commence with the Union men, and men they would take the negro. 

Question. Do you think they would murder the negro ? 

Answer. I do ; and they are doing it every day. 

Question. Why should they murder the negro ? 

Answer. I cannot answer that in any other way than by supposing it owing to human de 
pravity. 

Question. They need the negro s labor ? 

Answer. Yes, sir; but a man s passions go beyond his interests. They always have been 
the negro s masters ; they controlled him ; they never acknowledged that he had any rights ; 
he had no rights more than a beast had ; I was a slaveholder myself, and I know it. When 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA 17 

you come to give the negro his rights, it is very galling to men educated in that way. They 
cannot yield to the negro those rights that they can to the white man. 

Question. How do they feel in regard to the education of the freedinen? 

Answer. I never discussed that question with them. 

Question. How do they feel in regard to negroes voting and exercising political rights ? 

Answer. Prejudiced against it. I know of no men, except strong Union men, who are in 
favor of it. 

Question. How do they feel in regard to the Freedmen s Bureau ? 

Answer. They are prejudiced against it. They think that it is a thing forced upon them, 
and that there is no constitutional law for it. 

Question. They raise the constitutional point upon it ? 

Answer. Certainly, on every question, as though they were interested in the Constitution 
which they were trying to overthrow. 

Question. Have you noticed a disposition generally among them to maltreat the negro ? 

Answer. I have. 

Question. To deprive him of the fruits of his labor ? 

Answer. Yes, sir : they maltreat them every day they can. I have been in the provost 
marshal s department, under General Patrick, almost ever since he has been provost marshal, 
and have had great opportunities of seeing the cases that are brought before him. Although 
I am prejudiced against the negro myself, still I must tell the truth, and must acknowledge 
that he has rights. In more than nine cases out of ten that have come up in General Pat 
rick s office the negro has been right and the white man has been wrong, and I think tha 
that will be found to be the case if you examine the different provost marshals. 

Question. What chance does the negro stand to obtain justice in the civil courts of Vir 
ginia ? 

Answer. Not a particle no more than a rabbit would in a den of lions ; nor a Union man, 
either. 

Question. Do you regard it as safe for people of the free States to settle in Virginia and 
other rebel States ? 

Answer. Yes, sir, I do. The prejudice against the northern man is not so strong as to 
jeopardize his life. It is only the Union man who has lived among them and taken an active 
part against them Avhose life is in jeopardy. I think that, if I had never lived among them, 
and were as strong a Union man as I could be, I would not hesitate to go and live among 
them. 

Question. What chance would a Union man have of obtaining justice in a Virginia State 
court ? 

Answer. I do not think he would have justice done him. 

Question. Do you think it practicable to obtain a jury in Virginia that would convict a 
man of treason for being engaged in the late civil war against the government ? 

Answer. I do not think such a jury could be summoned outside of the element that is 
known to be Union. 

Question. How large is that element? 

Answer. Very small, sir, at the present time. There are a good many Union men in Vir 
ginia who dare not let it be known. 

Question. Is their influence increasing or diminishing ? 

Answer. I have not seen any increase. I do not know of any change from a rebel fro a 
Union man, or from a Union man to a rebel. 

Question. Are the ex-rebels as bitter at present in their proscriptions of Union men as they 
were during the war? 

Answer. I think they are worse to-day than they were, except during the first year of the 
war. 

Question. Have you had any acquaintance in North Carolina or South Carolina ? 

Answer. No, sir, not outside of Virginia. 

Question. Are you a man of competent education ? 

Answer. Yes, sir, in English education : I am not a graduate. 

Question. You have mingled a good deal with the people of Virginia, both previous to, 
and during, and since the war ? 

Answer. Yes, sir ; there were very few men who knew more of Virginia than I did. 

Question. Arising from what? 

Answer. From my business. I raised my family in Virginia. If I should write out my 
own experience I could not for my life do it as well as it has been written out fur me in dif 
ferent reports. Take for instance that report of Major General Carl Schurz ; it is the expe 
rience or every Union man in the south. Take Governor Browulow s letter ; take the two 
letters from North Carolina that were published in the Chronicle yesterday there is not an 
honest man in the south who will not say that they describe the true sentiments and the true 
feelings of the whole south. You may summon before your committee every man in th.e 
southern States, and you cannot get anything more than you have got there. They embody 
the whole of it. No man can express himself better than they have expressed it for him. I 
have been driven from the State of Virginia away from my property ; and such is the state of 
feeling in the neighborhood where I resided, that I dare not go back for fear of personal 
violence. 

2 V NC SC 



1 8 RECONSTRUCTION. 

WASHINGTON, January 31, 1866. 
Dr. G. F. Watson sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. I reside in Accomac county, Virginia, when at home Wise s old district. 
Question. What is your profession? 

Answer. A doctor of medicine. I am at this time, and have been for nearly three years, 
one of the board of United States direct tax commissioners for the State of Virginia. 

Question. Do you know the feelings of the people of the State toward the government of 
the United States ? 

Answer. I think I do pretty well. 

Question. What is the loyalty of Accomac and Northampton counties ? 
Answer. When I visited Accomac and Northampton counties in October last the citizens 
were then disloyal ; and from reliable information since, I have no reason to believe that 
they are better disposed toward the government at this time. I think I have had as good an 
opportunity to know the sentiments of the people of the State as almost any other man, 
having lived in it from my birth to the present time, and my official duties having called me 
to different portions of the State. I feel that the educated class of the community are as dis 
loyal now as they were at the time of the surrender of Lee. 
Question. How has that happened ? 

Answer. I think mainly through the leniency of the government. I was in Richmond in 
November and December last, and saw some apparently good feeling on the part of the ex- 
rebels toward the government ; but on my late visit to that city I found that feeling mate 
rially changed. /The Union men in business there were afraid to be seen conversing with 
other Union men for fear of injuring them in their business. I spent last winter in the city 
of Norfolk. At that time the mercantile business was engaged in principally by northern 
Union men. The citizens not feeling disposed to encourage them in trade, and opposed to 
northern emigration, raised their rents to such an exorbitant price that they were compelled 
to discontinue business and leave; consequently the ex-rebels have the entire control. In 
Alexandria city the same proscription has been carried out. I am credibly informed that 
in Richmond the northern capitalists have partly suspended operations in the erecting of 
buildings on account of illegal legislation and a feeling of antipathy toward northern emigra 
tion. There is one other thing of which I feel fully satisfied ; that is, that the loyal men of 
the State cannot get justice in the reconstructed disloyal courts./ 
Question. Why not? 

Answer. For the reason of the disloyalty of the jurors and lawyers. As an instance, in 
the counties of Accomac and Northampton there is not a loyal man practicing at the bar out 
of some fifteen or twenty. 

Question. Have they been all engaged in the rebellion? 

Answer. Yes; some of them, however, did not leave, but used their baneful influence at 
home ; whilst others, who ran the blockade and returned, were captured ; others, who were 
the best and most respected, went with the southern confederacy, and remained there until 
the surrender of Lee. 

Question. What is the feeling among that class of people as to remaining in the Union ? 
Answer. The feeling is this: if they can be thoroughly reconstructed in accordance with 
their desires giving them full control of the government, the emoluments of. office, and the 
honors connected they might be induced to remain in the Union. They have said to me 
that they have no interest in the government. A prominent lawyer in the city of Richmond 
said to me last December that he would prefer to see Fred. Douglass emperor of the countiy 
than a Yankee to be at the head of the government. 

Question. What was his idea about having a king or emperor ? 

Answer. They feel, I suppose, that they have been whipped, and those of prominence and 
wealth before the war, now being poor, feel that they have lost their power and have not 
their former influence. It is the leading politicians who do all the mischief; were they prop 
erly dealt with we would have less trouble, and I believe that the medium class would sus 
tain the government. 

Question. Could any of these persons be convicted of treason by a Virginia jury ? 
Answer. I think not ; but a Union man would be very readily prosecuted by them. 
Question. How is it with reference to freedmen 1 

Answer. They despise the freedmen ; they think, and frequently express, that all they 
want is for the military .to be removed and they will handle them roughly ; they also speak 
in the same terms of Union white men. If reconstruction of the rebel States, as proposed, 
be successful, and they get possession of the States, my opinion is that not a Union man can 
stay in Virginia, as taxation and persecution by these parties must necessarily drive them 
from this State. 

Question. What are the feelings and opinions of the Union men of the State? ^ 
Answer. The feelings and opinions of the Union men are, that they do not desire any form 
of reconstruction, either by a provisional or civil governor ; we desire a territorial govern 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 19 

merit. If we can have that, I think in a short time we could induce emigration, which will 
not come in under the present state of things. It would also give time to make the colored 
man more intelligent and less under the influence of his former master. When a proper 
time shall arrive for reconstruction, we shall then be able to cast a majority of loyal votes 
friends to the government, not enemies, as would-be the case under the present policy of 
reconstruction. Without some such protection God save the Union men ! 

Question. Suppose the restraint arising from the presence of Union forces in Virginia was 
withdrawn, and suppose the Freedmen s Bureau was withdrawn, what would be the condi 
tion of the loyalists and freedmen in Virginia? 

Answer. There would be no protection for Union men, and the freedmen would necessarily 
suffer much. 

Question. Would there be scenes of riot and violence ? 

Answer/ I think it probable. You have heard of the riot which took place on Christmas 
day, almost under the eye of the military, in Alexandria ; from that you can judge what it 
would be if the military were withdrawn. At the late election at many places the ex-rebels 
paid no attention to the provisions of the Alexandria constitution, which required such voters 
to take the oath that they had not borne arms against the government of the United States 
since . A number of the members of the legislature who were elected, as I have been in 
formed, were engaged in the rebellion as officers and otherwise, and have never taken the 
oath required by the constitution adopted in Alexandria in April, 1864. 

Question. Is that the character of that legislature? 

Answer. A large majority of that legislature, in my opinion, are disloyal men, but of course 
profess to be loyal. A member of the senate informed me a few days since that the money 
in the treasury, and for which the loyal men had been taxed, would not last more than 
twenty days. 

Question. What effect has the liberal policy of President Johnson in granting pardons and 
amnesty to the rebels in Virginia had ? 

Answer. It has had no beneficial effect as far as my experience has been. I will give you 
a case in point. A wealthy gentleman, owning much land near Richmond and on the penin 
sula, came to my office in the month of December last, and said to me that he undei stood 
his lands had been forfeited to the United States government for the non-payment of the direct 
tax. On looking over my books I found his information to be correct. He asked me, " Can 
I redeem them ?" I answered him, he could by paying the tax and interest. I made out a 
redemption receipt, and on handing it to him he gave me a check, with these words : "This 
is the bitterest pill I ever took except one, and that was the oath of allegiance to the United 
States government." That did not prove to me that leniency had caused him to feel any 
devotion to the government. 

Question. What effect has been produced by the Union victories over the rebels on the 
minds of that old class of Virginians ? 

Answer. They had a considerable effect at the time of the surrender of Lee, but they seem 
to have been encouraged by the hope of reconstruction and leniency from the government of 
the United States, and now assume to demand rights which they have forfeited. 

Question. Suppose the rebel States are admitted to a representation in Congress, what 
would be the effect upon the people of Virginia ? 

Answer. I think from what I know that the members elected would obey the wishes of 
their constituents, which are inimical to the government. 

Question. Suppose they should get the power by a combination with some other party ; 
what then ? 

Answer. That is what I alluded to. I believe they would use it if they got it. 

Question. In what way would they use it ? 

Answer. First, to repudiate the federal debt. 

Question. Would they stop there ? 

Answer. I think not ; they would go for the payment of the confederate debt. 

Question. Would they stop there ? 

Answer. I doubt it very much. I am of the opinion that should they get the power by 
combination with other parties a second rebellion might be the consequence. 

Question. Have you any reason to suppose that any of the leaders of the late rebellion 
have it still in contemplation to bring about another war? 

Answer. I do not know that they have. 

Question. Have you any idea that any such conspiracy exists in any of the rebel States ? 

Answer. I have not. 

Question. Have you any reason to suppose that they are collecting arms in any locality ? 

Answer. I have not. I would be the last man in Virginia to know it. 

Question. Have you heard any such rumor ? 

Answer. I have not. I believe that there is a desire on the part of them that a difficulty 
between this country and some foreign power should take place. In Richmond, last Novem 
ber, in a conversation with a confederate captain, at the time there being much talk of 
difficulty between France and this government, he seemed rejoiced, and made this remark 
"I regret that my little company is squandered, but I can whistle them up." 

Question. What was he going to do in case of a war with France ? 



20 RECONSTRUCTION. 

Answer. I inferred from his remarks that he would join Maximilian. 

Question. In case the government of the United States should be involved in a war with 
England or France, what would be the course likely to be taken by the rebel States ? 

Answer I think they would join France or any other foreign power. I will not say that 
all of the ex-rebels would, but I think a very large portion of them would. 

Question. Have you any other fact upon your mind which you wish to state to the com 
mittee ? 

Answer. No, sir. I would prefer to make some notes of what does not occur to me at 
present. In the first part of my testimony before this committee I spoke of the State legis 
lature. I deem it proper to offer the following on that subject. The present legislature of 
Virginia should be set aside because of its illegality, and all its acts passed since the adoption 
of the Alexandria constitution declared null and void. In the Alexandria constitution, which 
was passed or adopted by the convention on the 7th day of April, 1864, among others it 
adopted the following provisions : 

Article 4, section 1 : "The legislative power of this commonwealth shall be vested in a 
general assembly, which shall consist of a senate and house of delegates." Section 2 : " The 
house of delegates shall consist of not less than eighty and of not more than one hundred and 
four members. The senate shall never be less than one-fourth nor more than one-third the 
numbers of the house of delegates." Section 8: * * "A majority of the members 

elected to each house shall constitute a quorum to do business, but a smaller number may 
adjourn from day to day, and shall be authorized to compel the attendance of absent members, 
in such manner and under such penalty as each house may provide." 

Since this constitution was adopted, there have been three sessions of the general assembly : 
a regular session commencing Decembers, J864; an extra session commencing June ^1, 
1865 ; and a regular session commencing December 4, 1865, and not yet closed. At the first 
regular session, and the extra session, the house consisted of fourteen members and the 
senate of six. No more were elected, or could be as matters then existed. 

These facts are now matters of history and cannot be controverted. 



WASHINGTON, January 31 1866. 
John Hawkshurst sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. In Alexandria, Virginia. I am a citizen of Fairfax county, Virginia, and am in 
the employment of the government as United States direct tax commissioner. 

Question. How long have you held that place ? 

Answer. For three years. 

Question. What is your age ? 

Answer. Forty-nine. 

Question. Are you a man of family ? 

Answer. Yes. 

Question. Are you a man of property ? 

Answer. I had property before the war, but it is pretty much all gone now. 

Question. Are you a native of Virginia ? 

Answer. No ; I was born in Queens county, New York. I moved to Virginia in 1846, 
bought property there, and engaged in milling. 

Question. Have you been in the rebel service ? 

Answer. No. 

Question. You have been a Unionist all along ? 

Answer. Yes, sir. I left my place, believing that there was an order out for my arrest, on 
the 28th day of May, 1861, going through the woods and avoiding the highways^ and came 
to Washington. 

Question. After that you did not pass back through the rebel lines? 

Answer. No. I was then appointed to represent my county in the first Wheeling conven 
tion, and served in it; and then was elected to the legislature of Virginia, sitting at Wheel 
ing. While I was a member there I was appointed to my present place. 

Question. State what the general feeling is in Virginia, so far as you know, towards the 
government of the United States. 

Answer. The feeling would seem to l)e sullen silence among a large portion of the people ; 
a disposition to acquiesce so far as they must, but no further ; a very strong desire to obtain 
their political influence, and to wield the actions of the general government to suit them. 

Question. How are they satisfied In regard to the emancipation of their slaves? 

Answer. They take it as a matter of necessity ; a few, perhaps, do not regret it. Those 
who are loyal accept it and are satisfied. 

Question. How extensive is your acquaintance with the rebel oortion of the population ? 

Answer. Not very extensive ; am well acquainted with most ot the leaders of our county. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 21 

Some of the original Union men became active and efficient in the rebellion at a later date. 
The man who represented our county in the convention that passed the ordinance of seces 
sion was such. His error was, that he took ground against coercion, and, upon the call of 
the President for troops, went against the government. He has come back and taken the 
oath, and I think him reliable ; but some of this class seem more dissatisfied thuii the origi 
nal secessionists. 

Question. How does that happen ? 

Answer. They seem to feel the disgrace, as they deem it, more keenly than the others, 
and a large portion of them were not Union men from principle, but from policy deeming 
secession a mistake rather than a crime; but when the State was committed to the measure 
they ceased their opposition, and became as active as the others, and feel the disgrace of de 
feat more keenly. 

Question. What is the feeling of all these people towards the northern people ? 

Answer. It appears hostile. 

Question. If they could have their way would the rebel people generally remain in the 
Union ? 

Answer. No ; I think they have a stronger aversion and dislike of the Union than when 
they seceded. 

Question. What has produced this increase of hatred ? 

Answer. The irritation of the war, and the humiliation of their State pride, which is a 
very strong element in their character, and predominates over all national feelings. 

Question. Do you think they generally desire to see the government of the United States 
preserved ? 

Answer. I think not ; do not think one-tenth of those engaged in the rebellion heartily 
desiro the success of our government if it continues to be controlled by the present party, 
and will submit to it no longer than they are compelled, and hope yet to see the time when 
they will be free from it. 

Question. You think, then, they have not given up that expectation ? 

Answer. I think not ; I believe a large portion of them are looking to a foreign war as the 
means of their deliverance ; meantime they are active in endeavoring to obtain political stand- 
Ing to the end that they may either control the government to their interests or produce a 
sepai ation, as may best suit their purposes when such time comes. 

Question. Suppose they get control of it in that way ; what, in your judgment, will they 
be likely to do in regard to the public debt of the United States 1 

Answer. I think they will repudiate it. 

Question. Suppose they cannot repudiate it ; what then would they do ; would they then 
ask to have their own debt assumed by the United States government? 

Answer. Yes; I think there is a strong feeling that their own obligations should be paid 
as well as ours ; I think, however, there is a strong feeling in favor of repudiation of the 
whole ; but failing in that, would endeavor to throw in their own. 

Question. In case of a war between the United States and a foreign power, such as Eng 
land or France, would you regard the rebel States as an element of strength to the govern 
ment of the United States or of weakness ? 

Answer. A great weakness ; it would be much stronger at present if the Union was cut 
in two at the Potomac. The north is much stronger alone than combined with the south ; 
and it would probably require more men to control the rebel States than to meet any foreign 
force that could be sent against us. 

Question. Do you think they generally love this government less than they do the govern 
ment of almost any other nation ? 

Answer. I think they have a strong and predominating desire for independence. They 
hold the government of the United States as a foreign government, and in about the same 
respect as they do others. 

Question. What is their social demeanor towards Union people, either residents or from 
the loyal States ? 

Answer. There is not much social feeling between the rebels and the resident Union men ; 
in many cases friendships are utterly destroyed. There does not seem to be so much bitter 
ness towards those who have come from the loyal States since the war, as towards those who 
were here at the commencement and acted against them during the rebellion. 

Question. How are they disposed towards the freedmen ? 

Answer. I have not been in a situation to see much on which to form an opinion in that 
respect. Two instances have come to my knowledge in which endeavors were made to keep 
them out of business : one in which a man had rented his farm to a freedrmm, and he heard 
of threats to burn his house in consequence, and on examination, sufficient danger seemed 
to exist to prevent him from fulfilling his contract with the freedman. Another, who em 
ployed freedmen to do nearly all his labor, heard of threats that induced him hastily to have 
his buildings insured. The corporate authorities of Alexandria refused to grant them licenses 
to do business, the law of the State not allowing it ; and attempts were made in that city 
to enforce the old law against them in respect to whipping and carrying fire-arms, nearly or 
quite up to the time of the establishment of the Freedmen s Bureau in that city. 

Question. What are the chances of Union men getting justice in a State court in Virginia ? 



2 2 RECONSTRUCTION. 

Answer. I do not think it is good : we have sold considerable property for the non-pay 
ment of the United States direct tax, and no person has been able to obtain possession of it 
through the State courts. To aid this, Congress at its last session gave the commissioners 
authority to issue writs of possession ; a number of suits of ejectment have been brought in 
the State courts against purchasers at government sales, creating distrust and uneasiness. 

Question. How have they resulted ? 

Answer. None have yet been decided that I know of; several persons have been indicted 
for acts done while in the service of the United States as guides, but have been released by 
the military. 

Question. What chances have the freedmen of obtaining justice in the State courts ? 

Answer. I do not think good, although it has not yet been fairly tried. The first organi 
zation of the counties with which I am most familiar, the loyal men obtained control, and they 
are as well disposed towards the blacks as any other people. In the counties organized after 
Lee s surrender, where the disloyal obtain*ed control, the Freedmen s Bureau has taken 
charge of the matter. 

Question. Have you any idea that a jury could be called in Virginia that would convict 
any of the ringleaders of the rebellion? 

Answer. No ; I do not think you could get a jury in the State to convict any one of treason, 
unless unfair means were used in obtaining it. 



WASHINGTON, D. C., January 31, 1866. 

George Tucker sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. Alexandria, Virginia. 

Question. Are you a native of Virginia? 

Answer. I am not ; I am a native of New Hampshire. 

Question. How long have you resided in Virginia ? 

Answer. I have been in Virginia most of the time for the last four years. 

Question. What has been your occupation in Virginia during that time? 

Answer. I have been practicing law in Alexandria and Fairfax counties. I am common 
wealth attorney of Fairfax county ; I commenced the practice of the law in these counties 
in the spring of 1863 ; I came out as an officer in the army in the first place. 

Question. How extensive is your knowledge of the state of public feeling in Virginia? 

Answer. My personal knowledge of the state of public feeling in Virginia only extends to the 
counties of Alexandria and Fairfax, but I have had pretty extensive correspondence through 
out almost all parts of the State. 

Question. You have had good opportunities to know the condition of public feeling 
throughout the State ? 

Answer. I think I have. 

Question. How is it in regard to the government of the United States ? 

Answer. The opinion of a large majority of the people of Virginia is, that they have no 
respect for the government of the United States. I have heard leading men among them 
say that they had no respect for the government of the United States ; that they were subjects, 
conquered, but that they had no respect for the government, and that the time would come 
when the east and the west would disagree, and when the south would have sufficient power to 
achieve its purposes. That is a very prevalent idea among them. It is also a prevalent idea 
among them that in their rebellion they made a mistake in regard to seceding ; that if they 
had revolutionized, as they now say, they would have succeeded, and that if there be any 
further difficulty it will be a revolution and not a secession. Secession was a mistake. 

Question. You are a lawyer, and can give us the difference between secession and revolu 
tion as understood by the Virginians. 

Answer. As understood by them it is this : that if they had revolutionized, it would have 
been a general thing throughout the Union; would have extended its ramifications all over 
the country ; have had friends all over the country, and would have fought under the colors 
of the nation, so that it would have been a national movement, and a struggle between them, 
aided by those thinking like them, and the national power all over the United States. 

Question. So that if it had succeeded it would have amounted to a usurpation? 

Answer. To a usurpation; and my judgment, founded on what I have seen and heard, is, 
that it is a favorite object with them to destroy the United States government whenever an 
opportunity shall present itself. 

Question. Do they foresee any particular method of getting at it just now? 

Answer. I think that in that respect they are somewhat in the condition of the man who 
was waiting for something to turn up ; but in my judgment, in the case of any foreign war, 
if they could see any reasonable hope of success, by joining their forces and power with a 
foreign government, they would do it ; and if they did not do it collectively, they would 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 23 

do it very extensively, as individuals. That is to say, I believe that, as at present organized, 
and even as at present governed by provisional governments, they would be a source of 
weakness to the national power. 

Question. Have you heard that particular subject spoken of by rebels of position and in 
fluence ? 

Answer. The subject was broached in a conversation I had with one of them, but of course 
there was no plain statement made of what they would do. The subject came up in the 
course of conversation in regard to the present state of affairs in Mexico. The gentleman 
with whom I was talking is one of the most respectable of the returned rebels whom I have 
met. He was one of that class who were Union men at the commencement. Although he 
believed in the right of secession, he did not believe that they had occasion for it ; or, rather, 
he was one of that numerous class in Virginia, and I presume in the rest of the south, who 
did not believe that at that time they ought to secede, but that they ought to wait for an 
overt act, as they called it, on the part of the general government. I would not have a legal 
right to infer what I did infer from the remarks he made, but I inferred, that if a war should 
spring up now between us and Trance, it was his judgment they would be a source of weak 
ness to us. I do not think that he personally would be on that side ; but others, of equal 
intelligence and more bitterness, say that they have not the slightest respect for the na 
tional government that we have not any national government. Others say, and I have 
heard them, that they are among the number of those who look upon emancipation as an 
outrage, and who believe that slavery will be reinstated. Of course it cannot be reinstated 
without force and opposition to the Constitution and laws of the United States. In the course 
of my practice in Fairfax county, where I am the attorney for the commonwealth under the 
reorganized government, which, a year ago, we were taught to consider loyal and good, I 
found a great difficulty in getting anybody punished who was a secessionist, or a sympa 
thizer with secessionists, and who had committed any depredation upon a Union man. We 
had one capital case a case of murder where a Union man was killed by a fellow who had 
been in Mosby s gang a noted guerilla. He was one of that class of men who would go on 
both sides. He had deserted, for some cause, from Mosby, and had acted with us for awhile, 
giving information, but his feeling as a rebel was not changed. This fellow murdered a man 
at the village of Falls Church. It was a clear case of deliberate murder. The man who was 
murdered was a Union man, and he and others were talking of the subject of the Union. It 
was directly after the re-election of Mr. Lincoln, and that was the subject of conversation 
between the deceased and several other gentlemen on the front stoop of a store there. This 
man drove up and heard some of the conversation. He immediately came upon the stoop, 
and in a very violent manner threatened one of the men in conversation. They were in the 
position of two men about to fight, when this man, Porter, who was killed, interfered. He 
had at the time a very sore thumb, with his arm slung up. There was a grudge between 
them on account of general politics. Porter interfered by stepping up and touching the 
party who finally killed him, with his elbow, and saying, "Don t let us have any figlrting 
here." The other fellow turned around, with an oath, and demanded to know if he took it 
up. I suppose Porter noticed that there was danger. He stepped back and said, no, he 
didn t take it up. The tellow immediately drew his pistol for the apparent purpose of shoot 
ing him, when he was interfered with by other parties. After^ disengaging himself he went 
around where he could get a fair shot at the man, and he shot* him, so that he died in a few 
hours. On the trial of that case, which was made very plain, we had a jury, unfortunately, 
consisting of men who had sympathized with the rebellion. There was but one Union man 
on the jury. They were men of comparatively good standing, in other respects, in the com 
munity. They refused to find a verdict of guilty of murder in any degree, and eleven in 
sisted upon an acquittal. The one Union man, however, would not agree to that, and the 
eleven thinking, I suppose, that it was safer, finally brought in a verdict of manslaughter. 
According to the provisions of Virginia law, the juries, in such cases, are allowed to pre 
scribe the amount of imprisonment, and they made it one year. That .was the result of that 
kind of trial before that kind of jury. When I tell you that Fairfax county is the best county 
in the State ot Virginia, so far as Unionism is concerned; so far as the influence of northern 
men is concerned ; so far as loyalty to the government is concerned, you can draw your in 
ference in regard to the resi of the State. The fact is, that Fairfax county has been the 
(Bounty where a great many northern men have settled. At the time of the breaking out of 
the war, there were nearly two-fifths of the population northern people. 

Question. What is the feeling towards the freedmen on the part of these ex-rebels ? 

Answer. It is very malignant. The freed man before any of their juries stands no chance 
of obtaining his rights, although he Avill stand as good a chance as a Yankee will, or as a 
native-born citizen of Virginia who has been a loyal man. The latter even stand a worse 
chance. These men, all of them, will be compelled to leave the State, just so soon as they 
cease to be protected by the national power. They cannot stay there. I am intimately 
acquainted with the Union men of Fairfax county, necessarily, and I do not know one of 
them who does not feel that he has got to leave. I know that almost all of them are pre 
paring now to leave, and it it were possible for them to sell their lands, even at a large sacri 
fice, they would do so and leave. I have a nretty good opportunity to know that, from the 
fact that some months ago, when we hoped for a different state of affairs, I undertook to act 



24 RECONSTRUCTION. 

as agent there to sell lands ; and the lands of these people are nearly all for sale. They feel 
that they must leave the country. 

Question. What does this arise from from a feeling of insecurity? 

Answer. Yes, sir ; if they understood that they would be surely protected in their natural 
and political rights they would not only remain, but if a territorial government was given to 
us wo should have a tremendous rush of immigration, and it would be for a little while only 
that it would be necessary for the general government to make any special protection for us, 
especially if we had equal suffrage. We do not feel afraid of the suffrage of the negroes ; 
we do not feel afraid that they would give their votes to their old masters. 

Question. In case the negroes were allowed to vote, would they not be likely to be con 
trolled by their old masters, and vote in his interest and according to his dictation and 
desire ? 

Answer. I presume that would be true to a certain extent, and in certain localities ; but 
these colored people who have mixed with northern men would be controlled by them. I 
infer that our influence over the negro would be far greater than that of the rebels. Proba 
bly on some plantations in the more southern States the masters might have an influence over 
the freedmen for the time being, but we do not feel any danger in Virginia in that respect. I 
think there is no difficulty in reaching them, and especially if we can have a territorial 
government long enough to let the freedmen get a little education, which they are very 
anxious to get. 

Question. How do the Union men feel in regard to the policy of Mr. Johnson, in granting 
pardons so liberally ? 

Answer. They do not approve of it, and never have approved of it. 

Question. Is the present government of Virginia generally acceptable to the people of that 
State? 

Answer. It is acceptable to those who were active in the rebellion. 

Question. But is it acceptable to the Union men? 

Answer. It is very unacceptable. They consider, in fact, that the government, as it was 
reorganized, and out of which grew West Virginia, is entirely destroyed, and that that has 
been done by disregarding the constitutional provision made by the convention at Alexan 
dria ; though I am of the opinion that even with the provisions of that constitution, the 
white Unionists could not have sustained themselves against the influence of overpowering 
numbers. They legislate now without the slightest regard to that, and are there without 
having taken the oaths required by that constitution. They have been elected by men who 
were disfranchised by that constitution; and this has been done by the approval and assist 
ance of Governor Peirpoint, whom we consider an apostate. He was advised to it, as I am 
credibly informed, by a man who, it seems to me, has more influence in this city than he 
ought to have, Vho never did anything for the benefit of the Union till after the surrender 
I mean John Minor Botts. The Union people feel all this very much, especially those native- 
born Virginians who risked their lives and property, and everything, in order that the nation 
might not be hurt. 

Question. What effect has the liberal policy of President Johnson exerted over the public 
mind of Virginia, whether upon rebels or Unionists ? 

Answer. The effect upon Unionists has been to discourage them ; it makes them doubt 
whether they are going to bo protected hereafter; it makes them feel as though those who 
had been against the government during the war were more sought after and more cared for 
than they, and that they would continue to be in their power. The effect of it is this, that 
many who were Union men, and who desired, when the fall of Richmond came, to have it 
known that they were Union men, are now afraid to have it known that they were loyal. 
They feel that they must deny their master. On the other hand, that policy makes the rebels 
impudent, exacting, intolerant, boasting, and vainglorious. That is the effect of it. 

Question. On the whole, do you think that that policy has done any good ? 

Answer. I would say this : that if it had been intended, and was acted upon, as an experi 
ment to ascertain the animus of the people, it may have had a good effect in that way ; but 
having ascertained that animus, the further practice of the policy, it seems to me, should 
stop. 

Question. You think the experiment has been fully tried? 

Answer. I do, certainly ; and it has proved a failure, unless it were for the purpose of 
ascertaining what effect it would have. My own opinion always has been, and still is, that 
they should have been treated as rebels, and should have been made to feel that to be a rebel 
was dishonorable ; that they have lost their caste among men, and the leaders ought to have 
been made to feel that they were, and ought to be, outcasts. 

Question. Do they exhibit any such feeling now ? 

Answer. Not the slightest. They claim that they acted honorably and well. They act 
in all their movements upon the principle that those who took the most active part in the 
rebellion should be first cared for in the way of civil offices, or anything of that kind. 
Their legislature has already proposed to pension the widow of Stonewall Jackson. 

Question. You mean the legislature of Virginia ? 

Answer. Yes; I said "their" legislature, because it is theirs; it is not ours ; they have 
proved that. They say that Lee shall be the next governor of Virginia, and they even think 
that he ought to run for President. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 25 

Question. Do you know of anything- else you wish to state to the committee ? 

Answer. I cannot think of anything particular. 

Question. What would be the fate of the freedmen in case the Freedmen s Bureau was 
abolished and the federal forces withdrawn ? 

Answer. They would be in a worse state of slavery than ever before those that remain. 

Question. Would they be suffered to remain in the country ? 

Answer. I do not think they would, as a general thing, unless they remained as servants, 
subject to the absolute rule of the whites. They have not any idea of prosecuting white 
men for offences against colored people ; they do not appreciate the idea. I do not think, and 
have not thought for two years, that there is any way to reach these people except for the 
government to take control of the country and give perfect security to all loyal people so as 
to repopulate the country. 

Question. In such a case as that, there must be an exodus of rebels ? 

Answer. There would probably be a great exodus of rebels if we took stronger measures. 

Question. Would that be injurious to the material prosperity of the State? 

Answer. I do not think it would be injurious to the material industry of the country ; I 
think, on the contrary, it would be beneficial, and for this reason : They feel a great repug 
nance to northern enterprise, and will use all their influence to keep it out, and their influence 
is great, for the people of that country have been always subject to their leaders, obeying 
their orders as much as soldiers obey military orders. To see any northern capital come in 
there and set up industrious pursuits, manufactures, or anything of that kind, so as to increase 
immigration from the north, is distasteful to them, and they will do everything to prevent it. 
The action of the legislature shows that in its proposition to make a five years residence 
necessary for voting. 

Question. How does that measure stand in the legislature ? 

Answer. I understand they have amended it so as to reduce the term to two years. The 
constitution which the loyal men made- before the breaking up of the confederacy provided 
for one year s residence only, as is usual in other States. They are going on to legislate 
without reference to that constitution at all. 

Question. They do not regard the constitution formed at Alexandria as of any force ? 

Answer. They do not seem to. 

Question. Is it not under that constitution the legislature is assembled ? 

Answer. Yes, so far as the form is concerned. 

Question. They disregard the provisions of the constitution ? 

Answer. They discard its provisions in many respects. There is one simple provision in 
it providing for a change by the legislature in one particular item ; they make that a stepping- 
stone and an excuse to do pretty much as they have a mind to with the constitution. 

Question. What is that item? 

Answer. It was in reference to the disfranchisement of a certain portion of the population. 
The constitution made two different classes of disfranchised persons, and provided that the 
legislature might enfranchise one of these classes ; that, I think, was the extent of the provi- 
sion. They make good use of that clause. I do not think of any other items at this time. 



WASHINGTON, January 31, 1866. 

Lysander Hill sworn and examined. 
By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. Alexandria. 

Question. What is your occupation? 

Answer. I am a lawyer. 

Question. How long have you resided in Alexandria? 

Answer. I have resided in Alexandria for two or three years. 

Question. Of what State are you a citizen ? 

Answer. Virginia. 

Question. Are you a native of Virginia ? 

Answer. No, sir ; I am a native of Maine. 

Question. What have been your opportunities to observe the state of public feeling in 
Virginia since the close of hostilities in regard to the government of the United States 7 

Answer. I have made it something of a study to observe the state of feeling there ; and 
while I have been confined for the most part, in my own observations, to the city of Alex 
andria, yet I have seen a great many persons from all parts of the State. 

Question. Have you seen persons from the southern and eastern parts of the State ? 

Answer. Yes ; I have seen persons from all parts of the State. 

Question. What is the general state of feeling on the part of the rebel portion of the State 
of Virginia towards the government of the United States friendly or unfriendly? 

Answer. I think it is very unfriendly. There are very few, indeed, of those who are rebels, 
who would accept the present state of affairs and go in honestly with a reconstructed State 



2 6 RECONSTRUCTION. 

government ; but the majority of them are just as bitter and more bitter than they were when 
actual hostilities were going on. 

Question. What has produced that increase of bitterness ? 

Answer. I think that the lenient course of the government towards them has tended to 
produce it. The abolition of all restrictions on the elective franchise, admitting those who 
were rebels to come in to a full participation in thtfelective privileges, has made them a great 
deal worse than they were before. 

Question. From what source has that relaxation proceeded? 

Answer. It has proceeded really from Governor Peirpoint Peirpoint engineered the matter 
after he went to Richmond. 

Question. Is there no limitation in Virginia of the right of rebels to vote? 

Answer. Not in the slightest. 

Question. And has the present legislature been elected without reference to the distinction 
between loyal and disloyal citizens ? 

Answer. Yes, sir; elected almost unanimously by rebels. 

Question. Then the legislature is a rebel legislature ? 

Answer. It is a rebel legislature emphatically. 

Question. And that character has arisen from the policy of Governor Peirpoint, you think? 

Answer. There is no doubt of it at all. 

Question. What restrictions or qualifications does the Alexandria constitution contain in 
regard to the right of voting ? 

Answer. The Alexandria constitution imposed certain restrictions on the right of voting 
and holding office. Article III of the constitution reads as follows : 

"QUALIFICATION OF VOTERS. 

"SEC. I. Every white male citizen of the commonwealth of the age of twenty-one years 
who has been a resident of the State for one year and of the county, city, and town where 
he offers to vote, for six months next preceding an election, and who has paid all taxes 
assessed to him after the adoption of this constitution under the laws of the commonwealth, 
after the reorganization of the county, city, or town where he offers to vote, shall be qualified 
to vote for members of the general assembly and all officers elective by the people : Provided, 
however, That no one shall be allowed to vote who, when he offers to vote, shall not thereupon 
take, or shall not before have taken, the following oath : 

"I do solemnly swear (or affirm) that I will support the Constitution of the United States 
and the laws made in pursuance thereof as the supreme law of the laud, anything in the 
constitution or laws of the State of Virginia, or in the ordinances of the convention that 
assembled in Virginia on the 13th day of February, 1861, to the contrary notwithstanding; 
and that I will uphold and defend the government of Virginia as restored by the convention 
which assembled at Wheeling on the llth day of June, 1861; and that I have not, since 
the 1st day of January, 1864, voluntarily given aid or assistance in any way to those in 
rebellion against the government of the United States for the purpose of promoting the same. 

"But the legislature shall have power to pass an act or acts prescribing means by which 
persons who have been disfranchised by this provision shall or may be restored to he rights 
of voters when, in their opinion, it would be safe to do so. Any person falsely so swearing 
shall be subject to the penalties of perjury. 

" No person shall hold any office under this constitution who shall not have taken and 
subscribed the oath aforesaid ; but no person shall vote or hold office under this constitution 
who has held office under the so-called confederate government or under any rebellious State 
government, or who has been a member of the so-called confederate congress, or a member 
of any State legislature in rebellion against the authority of the United States, excepting 
therefrom county offices." 

Question. State what has been done under that provision of the constitution. 

Answer. This was the provision of the Alexandria constitution which was adopted in April, 
1864, and is the fundamental law of the State. The legislature which was in existence at 
the time of the surrender of Lee consisted of about twenty members altogether. As soon as 
Governor Peirpoint got to Richmond and had time to communicate with the leading Virgin 
ians, chiefly of the rebel persuasion, he sent around to the members of the legislature asking 
them to meet him in Richmond to consult with him in regard to the state of public affairs. After 
they went to Richmond he issued a call for an extraordinary session of the legislature. That 
legislature met at Richmond on the 20th or 21st of June last, and immediately repealed all 
restrictions upon voting and referred it to the people at the next election whether the legislature 
which next met should not be clothed with power to repeal all restrictions upon holding office 
or upon amending the constitution. All restrictions having been taken away from voting, 
power was given almost unanimously to the legislature that is next to convene to alter or 
amend that article of the constitution. The legislature that has just assembled at Richmond 
this winter has considered itself clothed with full power to do this, and has proceeded to make 
such amendments as they considered necessary. These amendments have been to abolish 
all restrictions upon holding office or voting, growing out of the rebellion. In electing mem 
bers of that legislature I may say that the first qualification throughout the State was that 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 27 

the candidate should have been actively and warmly engaged in the rebellion against the 
government of the United States ; any person who put himself upon his record of loyalty was 
sure to be defeated. The condition of the people as regards obedience to the government of 
the United States has been growing gradually worse since the surrender of Lee ; and it has 
been rapidly growing worse, I think, since the legislature met at Richmond. 

Question." What effect has the President s liberality in extending pardons and amnesty to 
the rebels had upon the rebel community in Virginia ? 

Answer. It has had the same effect in character as the repeal of the restrictions upon suf 
frage and voting. It has tended to produce upon the minds of the late rebels in Virginia the 
idea that they can split the Union party of the country, and array President Johnson and cer 
tain classes of the Union party with him in opposition to that party which did the actual and 
effective work in carrying on the war. They are going to form an extensive alliance with 
the copperheads, and to combine to confiscate the government of the United States. That is 
the idea they have. They have learned to regard President Johnson as a natural ally of 
theirs against the republican party. 

Question. Have you ever seen any of them who have talked with the President about 
that? 

Answer. I do not recollect that I have. 

Question. How do they feel about a foreign war ? 

Answer. There is a small party among the old men, I suppose, who would do nothing in 
case of foreign war ; and they might perhaps advise others to do nothing, but the great ma 
jority of the active men, the young men, would try to assist any foreign nation at war with 
us. I have no doubt that, in the event of a foreign war, the first thing a foreign power 
would do would be to send emissaries among them who would find material ready for use, 
plenty of it. I do not know that I have heard any of them express that sentiment boldly, 
but I have heard of their expressing such sentiments, that they were desirous of a foreign 
war. 

Question. Is the organization known as the Knights of the Golden Circle in vogue in any 
part of Virginia ? 

Answer. If it is it is secret. 

Question. Do you know of the rebels entertaining any plan of reviving the rebellion in any 
form whatever ? 

Answer. A great many threaten to revive it in the same old form. They intend to revive 
it in Congress, and in the administration of the country, if they ever get the opportunity. 
They are just as hostile and more hostile to the government of the United States to-day than 
they were a year ago. They know that their military power is broken, and that is all the 
difference. 

Question. Have they got any arms or military facilities at all in case of an outbreak ? 

Answer. Not to any great extent. There is a quantity of arms, of course, all through the 
south, but not to such an extent as before the rebellion. 

Question. Have you any grounds to suppose that there is any concert between the leaders 
of the rebellion now existing, having in view a renewal of the war, or an attempt to get out 
of the Union ? 

Answer. I should not suppose there was a concert with a view of getting out of the Union, 
but I would have fears in case of a foreign war. 

Question. Are you a practicing lawyer ? 

Answer. Yes ; and I have made it a special study to examine the feelings of these people 
since I have been in Alexandria. I have had a great deal of curiosity to know what their 
feelings were, and what changes have been going on. I have tried to induce immigration 
there, in the hope of changing public sentiment in that way ; and I have been obliged, of 
course, to understand the feelings of the people in order to talk with the persons who were 
coming from the north, and who would ask me a great many questions. I have probably 
seen hundreds coming here with a view of settling, and have been obliged to answer their 
questions and give them information, and I am constantly looking out for .that information. 

Question. Do you suppose it is safe for northern men to go into Virginia for the purpose 
of settlement ? 

Answer. At present, in some parts of Virginia, if they will ignore all political ideas and 
simply attend to the cultivation of their land, they may remain there. 

Question. Suppose they do not ignore or suppress their Union sentiments? 

Answer. Then I would not want to advise any one to go to Virginia. 

Question. Has your acquaintance extended beyond Virginia into the other rebel States? 

Answer. No, sir ; except as derived from the public prints and from gentlemen who have 
been there. 

Question. Is there any further statement that you wish to make ? 

Answer. I do not think of any. 



2 8 RECONSTRUCTION. 

WASHINGTON, January 31, 1866. 
Josiah Millard sworn and examined. 

By Mr. HOWARD : 

Question. Where do your reside? 

Answer. Alexandria, Virginia. 

Question. Of what State are you a native ? 

Answer. I am a native of Massachusetts. 

Question. How long have you resided in Alexandria ? 

Answer. For three years past. I have been in the State of Virginia nine or ten years. 

Question. What is your occupation ? 

Answer. I am now assessor of internal revenue for the third district of Virginia. 

Question. What counties does your district include? 

Answer. Alexandria, Fairfax, Prince William, Lo"udon, Clark, Shenaudoah, Frederick, 
Warren, and other counties. 

Question. You must be quite well acquainted with the state of public feeling in your col 
lection district? 

Answer. Tolerably well. 

Question. Is it loyal or friendly to the government of the United States ? 

Answer. No, sir, except a very small proportion compared with the population. 

Question. About what proportion ? 

Answer. The original Union men, who were favorable to the government from the com 
mencement, are about one out of twenty perhaps hardly that. 

Question. Were you residing in Alexandria during the war ? 

Answer. No, sir ; I was residing in Loudon county. I was taken prisoner by the rebels 
on the 28th of May, 1861. I was the first prisoner taken in Virginia. 

Question. What effect had the emancipation proclamation upon the rebels ? 

Answer. They did not think it had any effect at all. They did not think it would ever be 
executed. 

Question. Did they look upon it as a pleasant proceeding on the part of Mr. Lincoln 1 

Answer. They looked upon it as something that could not be maintained. 

Question. As if it was the " Pope s bull against the comet ?" 

Answer. Yes, sir. 

Question. How did they like the fact that their slaves were all emancipated ? 

Answer. They did not like it at all. They protested against it to the very last, and some 
of them in the country now are trying their very best to make the colored men believe that 
they are still theirs ; that they are not free. 

Question. Have you ever occupied any other public station than you now hold ? 

Answer. No, not in Virginia. 

Question. How do the rebel people feel in regard to the preservation of the government of 
the United States ? Are they willing to pay the taxes necessary to preserve it and carry 
it on? 

Answer. It is with great reluctance that they pay their taxes. 

Question. Suppose they had it in their power, would they abolish all taxes to pay the 
national debt? 

Answer. Yes, sir, unanimously so. I do not think there would be one dissenting voice 
among them. I have heard it repeatedly. 

Question. Would they consent to contribute their proper share to the payment of the rebel 
debt if they had the opportunity ? 

Answer. I think they would. They simply claim that they are loyal now from necessity. 

Question. Suppose that necessity was taken off ? 

Answer. To illustrate what I believe to be the general feeling among the rebels, I will 
state a conversation I had with one of the leading ones the other day. He said to me, "Sir, 
I entered into this thing in good faith. I honestly believed it to be right, I now propose to 
be a loyal man, to accept the laws of the United States, and to carry out all proclamations 
and requirements of the President of the United States in good faith." I said, "Suppose 
we examine the record and see. There is one thing you have not done ; you did not open 
your church on Thanksgiving day." He seemed to be very much agitated when I spoke 
about that, and said, "Why, sir, do you think I could get upon my knees and ask God to 
forgive me for something which I believed to be right ?" Said I, " That is the point. You 
are as big a rebel to-day as you ever were. You are simply loyal because the strong arm of 
the government makes you so." And that is the general feeling with all the leading men I 
have conversed with, and I have conversed with a great many. 

Question. Has there been great destruction of property in your district during the war? 

Answer. Yes, sir, very ^reat. 

Question. What kind ot property has suffered principally ? 

Answer. Agricultural property, live stock, and mill property. 

Question. Have you ever heard anything said by leading men in your neighborhood about 
a foreign war with the United States ? 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 29 

Answer. Not directly. I have heard it intimated that if such a thing should come up, 
and if there was a possible chance of their gaining their independence, they would join any 
power to accomplish that object. 

Question. Have you heard that intimated very frequently in conversation? 

Answer. Not very frequently. They do not intimate it unless you get them rather 
excited and warmed up in conversation. They do not like to be heard saying that, particu 
larly persons who have taken the oath, because they think there might b e some advantage 
taken of it. 

Question. Could a jury be called in your collection district which would convict a rebel oi 
treason for making war against the government of the United States ? 

Answer. No, sir, it could not, nor could there be one selected in the ordinary way to give 
a Union man any justice. 

Question. What is that owing to? 

Answer. To their violent prejudices against Union men. 

Question. Would they treat men from the free States in the same way in your courts ? 

Answer. Yes, sir ; I think they w r ould. 

Question. How would they treat the freedmen ? 

Answer. The freedmen would have no show of justice at all, not a particle. 

Question. Do they seem to like or dislike the freedmen as such ? 

Answer. They dislike them as such. Up in London county and in the valley they have 
resolved not to employ the freedmen. 

Question. Are there associations for that purpose? 

Answer. Rather neighborhood association of that kind. I know of several such. 

Question. How are they going to get their work done ? 

Answer. They will try to get white foreign immigration. 

Question. What is the reason of that? Is not work done by a negro as good, in their esti 
mation, as that done by a white man ? 

Answer. The negro being free, they cannot say to him, as they used to, "Tom, you 
must do this, and if you don t I will give you a cut." They cannot talk in that kind of way. 
They say they have raised the negroes, and have fed them all their lives, and it is the negro s 
duty to work for them. 

Question. The point of mortification is that they cannot lawfully whip them any more? 

Answer. Yes, sir ; that is it. 

Question. They regard that as depriving them of a luxury ? 

Answer. Yes ; I think so. I have seen them performing it as if it was a luxury. 

Question. Have you in your mind any particular facts which you wish to state to the com 
mitteeany facts illustrating your views? 

Answer. I only desire to say this that unless Congress relieves us by giving us some 
other kind of government, either a military government, or some other government that will 
protect the Union men, the firm Union men, who have been firm to the government, have 
got to leave Virginia and the south. They cannot remain there. It would not be safe for 
me to go back on my farm and reside there. 

Question. What have you to apprehend ? 

Answer. From their threats I apprehend personal violence. 

Question. Are such threats of frequent occurrence ? 

Answer. Very frequent. 

Question. You are a Union man and an employe" of the government? 

Answer. Yes, sir. 

Question. Suppose you should be murdered by an ex-rebel out of revenge and from dislike 
to you as a Union man, and suppose your murderer should be indicted and prosecuted in the 
proper court of that district, and a jury should be called under the existing laws of Virginia, 
have you not grounds to suppose that, in case the evidence vras plain and clear, the jury 
would convict that man ? 

Answer. That would depend upon circumstances very materially. If the case was very plain 
and clear, and there was no possible chance to cover it up, the jury might bring in a verdict of 
guilty, but it would be very pressing circumstances that would compel them to do it. 

Question. Under such circumstances you would rather expect that they would render a 
verdict of guilty, if the evidence was plain and without doubt ? 

Answer. Yes, sir; if there was no possible chance to avoid it. I have seen cases tried 
there similarly, which, to me, were as plain as the sun that shines, and the verdict was ren 
dered quite the reverse. 

Question. And that, you suppose, is owing to the prejudice felt generally by rebels against 
Union men ? 

Answer. Yes. 

Question. Are they still anxious for independence of the national government ? 

Answer. The leaders are, all of them. There are a good many men who are very poor 
reduced almost to starvation who say we have got enough fighting ; we are not going to 
fight any more." But hitherto the leaders have always induced them to do what they wanted, 
and they will probably do the same in the future. 

Question. Has the material prosperity of the people in that district been seriously affected 
by the ravages of the war ? 



30 RECONSTRUCTION. 

Answer. Yes, sir; the valley of Virginia, London county, Fairfax, and some of those 
counties, have been very materially injured. 

Question. Have many estates been coniiscated under the laws of the United States? 

Answer. There were a good many seized, but the proceedings were stopped and the costs 
paid. There were quite a good many estates sold in Alexandria and some in Fairfax. 

Question. What would be the effect on the freedmen if the Union military forces were re 
moved ? 

Answer. It would be an awful affair. It would be something which I have not language 
to express. 

Question. What would you anticipate ? 

Answer. The freedmen would be reduced to take just what compensation their employers 
chose to give them, and the latter would impose such penalties upon them as they might 
deem necessary. The result would be really the annihilation of the freed men in a short time. 
It would not take a great while. They could not remain. They would be starved to death. 

Question. How would it be in reference to the sick and aged and infirm among the freed 
men ? Would the whites be willing to contribute anything for their support ? 

Answer. I do not think they would. 

Question. Would they leave them to die without giving them a helping hand ? I speak of 
the people generally. 

Answer. The general sentiment among the leading people, I think, is, that they would re 
joice if the freedmen were out of existence. They would say, "God speed them; let them 
get out of the way as soon as they can." 

Question. Why do they feel so to the freedmen ? 

Answer. I cannot tell you the reason why. They feel very indignant also toward the 
Union men who had been living among them. They say that the Union men the northern 
fanatics were the cause of their failing. 

Question. Why should they detest the negro so bitterly? he has been passive and sub 
stantially neutral. 

Answer. That is true. I suppose they hate him because he was the cause of the war, and 
because the result has not been as they anticipated. 

Question. Is that the cause of their deep mortification ? 

Answer. I expect that it is ; I see no other. 



WASHINGTON, January 31, 1866. 

Joseph Stiles sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. In Alexandria city. I am a citizen of Fairfax county, but I am temporarily re 
siding in Alexandria. I was a refugee during the war, and have not gone back yet. 

Question. Where were you born ? 

Answer. In Burlington county, New Jersey. 

Question. How long have you resided in Virginia ? 

Answer. About twelve years. 

Question. Were you ever a slaveholder ? 

Answer. My wife had an interest in a slave estate, but I never became fully possessed of it. 

Question. How have you been employed during the war ? 

Answer. I have boen in the military service of the government as a guide and scout and 
military detective. I served three years and about ten months. 

Question. That was rather a perilous service, was it not? 

Answer. Yes, sir, sometimes. 

Question. Relate some of your adventures. 

Answer. I left my home in Fairfax county the Sunday before the first Bull Run battle, and 
immediately became connected with the army in that capacity, and served until the first day of 
June, 1864, when I was captured by the rebels and served a short term in Libby prison. I 
went through many other adventures incident to that business. 

Question. How long did you serve in Libby prison ? 

Answer. About two months. 

Question. The apprenticeship was sufficiently long for your comfort ? 

Answer. Yes, sir, plenty. 

Question. How did they treat you there? 

Answer. The treatment was bad, but I fared as well as anybody else. They were not 
exactly aware of my business, or else I should not have got exchanged. Since my discharge 
from the military service, I served a short time as deputy United States marshal, during 
which time I travelled over some few counties in eastern Virginia, libelling property. I met 
with a great many people, and talked with a good many of the returned soldiers and officers 
of the rebel army, and with a good many citizens. At the time of Lee s surrender the feel- 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 31 

i ng appeared to be generally th at they were glad to get home ; they were worn out ; they 
appeared to fear confiscation, taxation, and the penalties of treason. About the first of Sep 
tember I commenced collecting United States direct taxes in Virginia, and since that time 
I have been continually out in the counties collecting, and have met with a great many 
people. I find the sentiment of the people to have been gradually chan ging for the worse, 
in my opinion. It seems to me that the rapid promotion of rebels, the old politicians, to 
places of trust and honor, has had a great tendency to render treason popular instead of 
odious. It appears to me that a great many of those pel-sons who at first were quiet are now 
beginning to talk about their rights again. I think that the disloyal feeling of the people is 
more intense now than it was immediately after the surrender of Lee s army. 

Question. What effect has the liberal policy of President Johnson in granting amnesty 
and pardons, and restoring property that was confiscated, had upon their minds ? 

Answer. The general feeling and sentiment of the people appears to be as I have stated 
getting worse, getting more unfriendly to the government. It appears to me that the leni 
ency of the President was very bad for the Union people. Any man in that country who 
sets himself up as a candidate for office, and pretends to base his claim upon the ground that 
he has been loyal to the government of the United States, would be considered impudent 
highly so. * The successful candidates for office all base their claim upon the ground that 
they have been positive rebels, and that they fought this thing out. I have heard them boast 
that they were in the army until the surrender. These men are almost universally elected. 

Question. -Do they appear to be proud of the part they have acted in the war ? 

Answer. Yes, sir. There is a class of men in eastern Virginia who are good, honest peo 
ple. They are tired of this thing. They are anxious to see peace and quiet restored to the 
country ; but unfortunately that class of people, like the immigrants from the north, have 
very little to say in the reconstruction of affairs. The disappointed politicians, the disap 
pointed ex-rebel officers, who were slaveholders and wealthy, and who mw find themselves 
in a poor condition, seem to take the lead in these things, and it has often occurred to me 
that the editors and politicians were using the United States mail as a channel for commu 
nicating matter appealing again to the passions and prejudices of the people. 

Question. Have you any ground to apprehend another outbreak in the rebel States? 

Answer. No, sir, I think not. But it looks to me as though the politicians were attempt 
ing to gain by political intrigue what they failed to secure by resort to arms. If they can 
not get the independence of the confederacy, they will try to get all the control they can. 

Question. Suppose they should gt the control of the government of the United States, 
both in Congress and in the executive branches, how would they use their power, judging 
from what you have seen and heard among the rebels themselves 1 

Answer. That is something I never thought of; but they certainly would use it very arbi 
trarily, judging from what they do. 

Question. From what you have seen and heard, have you the impression that the masses 
of the rebel people have any respect for the United States government, or for the loyal peo 
ple who have upheld it 1 

Answer. No, sir. I think there is a majority of them who are to the contrary, decidedly 
so especially the politicians and those other classes I referrel to. A loyal man, especially 
one who has been actively loyal, stands no chance of a show of justice among them at all. 
At the very first term of the circuit court of Prince William county, indictments were found 
against four of us who had been in the service of the government. I believe I was the only 
one in the actual service of the government; but the other three were refugees, and went as 
volunteer guides upon a scouting expedition in the autumn of 18b 3, by special order of 
Major General Heintzelman, who was in command at Washington. It was a scouting ex 
pedition in pursuit of guerillas, and the soldiers on that occasion took from a man who was 
caught running the blockade, two mules, and stole some of his chickens. At the first term 
of the circuit court this man went before the grand jury and made a statement, and they 
brought in a bill of indictment against four of us. I wrote to the clerk of the court for inform 
ation concerning it, and he informed me that this man charged me with being present with 
a squad of soldiers when this stealing took place ; but still this reconstructed grand jury 
could bring in an indictment on that information. There was a bench warrant issued for 
my arrest, and I sent them word where I was and to come and arrest me ; that they would 
have to take me to jail, as I would not give bail. I concluded that, if the military authori 
ties would suffer it, I would see what it would result in. They failed to come and arrest me. 
I suppose they thought that there was something behind by my sending them word. There 
were two or three other men who were in the service, and who were arrested since on the 
same charge. One of them gave bond for a thousand dollars ; the other t\vo had to go to 
jail. The one who gave bond came to General Augur, having been in his employment be 
fore ; and the result was, General Grant s order directing military division and department 
commanders, whose command embraced any portion of the seceded States, to issue and en 
force orders prohibiting civil courts from prosecuting any person who had been in the em 
ployment of the United States for acts done in the service. The officials of the county of 
Prince William refused to release these two men at first on that order, but held them for some 
time on the ground that they were not enlisted men : but finally, on the order of General 
Terry, they did release them. I was indicted, but never arrested. I suppose the indict- 



32 RECONSTRUCTION. 

ment is on the docket yet, and that, when the military is withdrawn, it will be renewed. 
Some weeks ago I heard a party of men at the county seat of Culpeper county remarking 
that one Smith came and lived on their land and then joined their enemies as a guide to 
Kilpatrick. One of them remarked that Smith had killed two confederate scouts. A young 
lawyer, now a member of the Virginia State senate, advised them to have Smith indicted 
and tried for murder, stating that they could convict him. 

Question. Has that been attempted ? 

Answer. That has not been attempted yet, but that was the advice which this member of 
the Virginia State seriate gave. It almost discourages me, after fighting four years and 
whipping these -men, to be placed again in their power, and be sat in judgment upon by these 
very men. By-the-by, Moseby was engaged to assist the prosecuting attorney at the trial 
in my case. 

Question. Where is Moseby now ? 

Answer. He is at Warrentou, practicing law. It occurred to me that, after fighting fonr 
years and still feeling need of protection, I had better leave and give up Virginia ; but then, 
again, it occurred to me that they could make a requisition for me as a fugitive from justice. 
Some persons have looked to immigration from the northern Slates into the south to neu 
tralize, in a great measure, this rebel sentiment ; but unless there is protection given, it 
never will be ; and if these State governments are permitted to reconstruct, and to go on in 
the manner they are going on, the south will remain a nursery of treason. The rebels say. 
"We know that we are whipped ; we are overpowered ; but we hate you, and we will teach 
our children s children to hate you !" Their favorite expression is, "Every dog has his day, 
and the time will come, some time or other, when an opportunity will present itself to us." 

Question. Is that feeling very general ? 

Answer. Yes, sir. 

Question. You have seen evidences of it wherever you have been in Virginia ? 

Answer. Yes, sir ; especially within the last two months. 

Question. What chance does a Union or a northern man stand in their State courts ? 

Answer. No chance at all. 

Question. Why not ? 

Answer. The popular feeling is against him altogether, and he has it all to butt against. 
It appears to me, when men who commit treason manifest such bad faith towards the len 
iency shown them, there is no show for justice to Union men in any case that affects rebels. 

Question. What chance does a freedman stand for justice at their hands ? 

Answer. As a general thing, he does not stand any chance for justice at all. You may 
find men among them who would do him justice ; but they are too few, and have but little 
to say. 1 I found lots of men who said that it was wrong in the grand jury of Prince Wil 
liam county to indict me ; but their saying so did not have any effect ; it did not get rid of 
the indictment or affect public sentiment at all. 

Question. Do you think there is generally in the State of Virginia a willingness to have 
the free negroes remain among them ? 

Answer. A majority of the persons whom I have heard speaking about it are anxious to 
have them sent away. 

Question. Where do they propose to hare them sent ? 

Answer. I have not heard any suggestion as to the place where the government should 
have them sent. 

Question. W T hy do they want to have them sent away ? 

Answer. I have not heard any good reason advanced for it anything more than a bitter 
ness of feeling on the part of the rebels toward the negroes because they cannot control them 
any more. 

Question. They dislike the negroes because they can no longer control them by force? 

Answer. That is it. I find a very strong desire to get rid of the troops also. That is 
very prevalent, as far as I have been. I found it very prevalent among all persons con 
nected with the State government. 

Question. In case the troops were withdrawn, would you anticipate scenes of violence 
and riot ? 

Answer. Yes, sir, towards loyal men and frecdmen. 

Question. Would you anticipate the expulsion of loyalists from Virginia and also of freed- 
meii? 

Answer. Yes, sir. I would anticipate the expulsion of loyalists, and that the freedmon 
would be subjected to a peculiar kind of servitude similar to the kind they are attempting to 
bring about through the State legislature. I have heard them complaining that the negro 
will not work. 

Question. Is there any foundation for that complaint ? 

Answer. Some of the negroes will work, but of course some of them are idle. I have told 
a good many of these rebels that they were standing about in idleness themselves, finding 
fault and apparently waiting for something to turn up, and that I thought the negroes were 
looking on following their example, and that it was better for them to go to work themselves 
and set a good example. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 33 

Question. If they paid the negro fairly for his labor, would he not work as willingly as the 
white inan ? 

Answer. A majority of them would. There are some of the negroes, of course, who, be 
ing suddenly emancipated, do not really understand it : but they will soon come into it. 

Question. Has not the negro a strong love of property ? 

Answer. Yes, sir. 

Question. They love money, do they not ? 

Answer. Yes, sir. The negroes who are working the best are those who have been per 
mitted heretofore to hire their own time and go around and work for themselves, which I 
think proves conclusively that when they have an opportunity they are inclined to work and 
take care of themselves. 

Question. Have you any other statement that you wish to make ? 

Answer. None that occurs to me at this time. I sincerely hope that the government of the 
United States will not resign loyal men into the hands of these people. 



WASHINGTON, January 31, 1866. 
Jonathan Roberts sworn and examined. 

By Mr. HOWARD : 

Question. What is your official position ? 

Answer. I am sheriff of Fairfax county, Virginia. 

Question. How long have you been sheriff of Fairfax county ? 

Answer. Nearly four years. They elected me sheriff when we reorganized our county, 
after the rebellion broke out. They re-elected me before the rebellion burst, and my time is 
not out yet. 

Question. Does your acquaintance extend much beyond that county ? 

Answer. Not minutely. I have been seventeen years a resident of that county. 

Question. How much chance is there for a Union man in the courts of that county who 
should be a party against a rebel in a suit ? 

Answer. None; not so far as justice goes. Let me qualify that. In the reorganization 
of our county the magistrates who were elected were almost all Union men, and, so far as 
they go, they are all right ; but, when we come to a jury, we have to take the masses as they 
come, and there is no chance at all for justice. 

Question. You have to draw your jurors by lot ? 

Answer. Yes ; and, since the surrender and coming home of the rebels, there is less chance 
for getting a jury who will act justly. 

Question. Could you gather a jury in Fairfax county that would convict of treason one or 
these rebels ? 

No, sir. 

Question. Could you pack a jury in that county that would do it ? 

Answer. No, sir. I have no means of packing a jury. As the sheriff of the county I 
have the right to select the jurors to be summoned, and then a jury is drawn from them by 
lot. Just before the surrender of Lee there was a case tried of a returned rebel who shot a 
Union man at Falls Church. I endeavored, not particularly to get all Union men, but to 
get all who I thought would do right. The lawyers for the defence, however, managed to 
get nine out of twelve rebels on the jury. The evidence was just as plain and positive as it 
could be indeed, the facts were admitted; and yet the jury brought in a verdict of man 
slaughter, with one year s imprisonment. Nine of them went for acquitting him entirely ; 
but the three Union men would not agree to it, and finally they compromised with one year s 
imprisonment. If it had been the other way, or if a rebel had killed a rebel, there would 
have been no doubt at all about his conviction. 

Question. How large a proportion of the people of Fairfax county are Union men ? 

Answer. I suppose we have twelve hundred votes in our county, and I do not suppose we 
could number, with the returned northern men and all, three hundred Union votes, all told. 

Question. Is there any real friendship for the government of the United States among 
these rebels ? 

Answer. None whatever among the leading rebels. I would modify that. If they could 
get the power that they had before the rebellion they would not try it again while that was 
the case. But they hate the Yankees, as they call all northern men, and while the govern 
ment of the United States is in the control of northern men, or Union men, they will hate it, 
and they do hate it, and do everything they can to injure it. 

Question. What has been the effect of President Johnson s liberal policy in granting par 
dons to rebels and restoring their estates to them ? 

Answer. We think, down there, and I think, that it has been bad. As soon after the sur 
render of Lee as the rebels could get home they all seemed to be perfectly satisfied with 
everything. So as they only got home, they were glad enough to submit to anything. They 
would shake hands with the Union men and be as clever as you pleased. But leading men 

3 V NC SC 



34 RECONSTRUCTION. 

got their pardons, and then they began to sue Union men for everything they cottld get 
hold of. A returned rebel, who was taken prisoner for shooting our pickets up at Fauquier 
county an old slave trader came back and sued me, as sheriff, for property which I was 
put in possession of for the benefit of the court. I was put in possession by an order from 
the Secretary of War. He sued me as a trespasser the minute he got buck. If it was to go 
on to a trial they would convict me. 

Question. You have resorted to some means to stop it ? 

Answer. Yes ; that is good while the military are there, but will not protect me one hour 
after the military are taken away. 

Question. Are you a native of Virginia? 

Answer. No, sir, I am a native of New Jersey. I have been in Virginia for seventeen or 
eighteen years. I went there in 1848. 

Question. How do they feel toward the freedmen? 

Answer. Some have a liberal feeling toward them, but the great majority of them are very 
bitter, just because they have been liberated. Many of them who used their slaves pretty 
well before are very bitter now. They want to drive them away, and do everything they 
can to drive them away, to make the government odious for freeing them. 

Question. Could they easily supply their places as laborers ? 

Answer. They could not. 

Question. What are they going to do for laborers ? 

Answer. They seem to be reckless of consequences. 

Question. Is it a species of blindness? 

Answer. Yes, sir ; it is a kind of mania that has possession of them ; it seems to be their 
old prejudice, and the result of blasted hopes and blasted doings. That seems to be the 
definition. You asked me whether Union men would be protected and allowed to live 
quietly if the troops were withdrawn. I have got one thing to say in that respect. If it 
was known publicly that I came here and made this statement before you, I would not be 
safe one hour. There is evidently a band of people secretly bound among themselves to be 
true to each other, and to do all the injury they can to Union men. There are plenty of 
horse-thieves over there. They steal horses and cattle, and there is no convicting them be 
cause they are bound together ; and if one undertakes to blab upon another, some of the 
party will shoot him. That was the case there recently, where a man named Sexton was 
shot. 

Question. Do you suppose there is a secret association among them to protect each other? 

Answer. I have no doubt of it at all This Mr. Sexton, who was shot at Herndon the 
other day by McDonald, one of the gang, stated upon his dying bed that he was shot to 
prevent his giving evidence against them for horse-stealing. 

Question. How do they feel in regard 10 the war debt of the United States ? 

Answer. I do not know that I can say much about it, only from what I learn from the 
newspapers, &c. They would hate most to pay this direct tax ; but, as a war debt, I do 
not know that I have heard much said about it. My brother-in-law, who is United States 
assessor at Richmond, tells me that they talk down there as if they would like to pay their 
own war .debt, but they do not like to pay Uncle Sam s. I have heard but little of it, ex 
cept in newspaper editorials. 

Question. Do you think that the general sentiment is that they would repudiate the federal 
war debt, if they had the power to do so ? 

Answer. There is not a particle of doubt about that. 

Question. Do you think they would consent to assume to pay the debt of the confederate 
government if they had the opportunity? 

Answer. There might be some who would object to it, but the leading men those who 
would control things would pay it. There is no doubt of it. 

Question. Would the rebels join a foreign enemy in case of a war between this country 
and a foreign power? 

Answer. I do not think they would like to join England. They are sore upon England. 
I think they would willingly join with France, and that they would jump at the chance of a 
war with Mexico. The rank and file do not want to go to war, but they are completely under 
their leaders. They do not talk much, but I can hear them saying, once in a while, " We 
are biding our time; we are only just subjugated at present; we are not whipped ; we are 
only overpowered; we will be at it again one of these days; we will bide our time" and 
such expressions as these. 

Question. It appears to be not a state of contenteduess under the government of the 
United States ? 

Answer. None whatever. If you knew the southern character as well as I do, you would 
confess that there is nothing but force will make them yield. You cannot coax them. They 
respect force, and nothing else. They are educated to it. One class is educated to drive, 
and another to be driven, and they do not believe in anything else. Law they do not respect 
for its moral obligations ; but, if they can do anything which the law cannot absolutely take 
hold of; if they can just manage to steer clear of the law, they will do it. If they have a 
grudge against a man, they will plan all manner of schemes to gratify their grudge in a man 
ner that the law will not get hold of them. They will get drunk and to quarrelling with a 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 35 

man that they have a spite against, so that they may not appear to be malicious in the 
matter. 

Question. In their personal resentments are they perfidious ? 

Answer. They are really nothing but perfidy. 

Question. Are they revengeful ? 

Answer. They are especially revengeful just as tar as they think they can escape the law. 
Before the war, when northern men went there, they would be glad to receive them, and get 
their money; and as soon as they got their money they seemed to take a delight in banding 
together and injuring them as much as they could in contriving to cheat them, and then 
drive them away. That seemed to be a systematic thing. All the northern people of that 
county will tell you the same thing. I was a little isolated when I went there, and yet they 
would come and tear down my fences, and turn in their hogs and stock, and do all they 
could to injure me. The Union men will have no kind of show at all unless the government 
will protect them. 

Question. You would advise the continuance of the military force there? 

Answer. The Union men cannot stay there unless the military force is continued. 

Question. And also the Freedmen s Bureau 1 

Answer. I would. We are not going to have any safety under our present State organi 
zation. I say that although I am a sheriff, sworn to sustain the reorganized government, 
yet I do not believe that it is reorganized while rebels control it. They are now passing 
laws there to disfranchise men who. have been voters there. They are passing vagrant laws 
on purpose to oppress the colored people and to keep them in vassalage, and are doing every 
thing they can to bring back things to their old condition, as nearly as possible. 



WASHINGTON, D. C., January 31, 1866. 
Charles R. Joyce sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. In Alexandria. 

Question. What are you by profession ? 

Answer. Machinist and engineer. 

Question. How long have you resided in Alexandria ? 

Answer. Fifteen years. 

Question. Are you a native of Virginia ? 

Answer. No, sir ; I am a native of Maryland. 

Question. How extensive is your acquaintance in the State of Virginia-? 

Answer. Nothing outside of Alexandria; I have never been further in Virginia, than 
Gordonsville. 

Question. Have you taken any part in the late war ? 

Answer. At the beginning of the war I was nine months in the volunteer navy as- engi 
neer on board of one of the transports ; she was afterwards taken by Admiral Goldsborough 
as his flag-ship. I was at the battles of Roanoke Island and Newbern ; I was taken sick 
with typhoid fever and sent home and got discharged. I afterwards went to work for the gov 
ernment at the depot of the military railroad ; I have been to work for the government during 
the Avar up to the 13th of November last. 

Question. What is the feeling of the people of Virginia in regard to the government of 
the United States ? 

Answer. I believe, from the intercourse I have had with them T that they are opposed to the 
government ; not all of them, however ; there are a few Union men in Alexandria, but those 
rebels who have come back since the war are, I believe, as strong if not stronger against 
the Union than they were when they went away. 

Question. Your acquaintance does not extend much beyond Alexandria-? 

Answer. No, sir. 

Question. Have you any acquaintance with the leaders of the rebellion in Virginia ? 

Answer. Nq, sir; except with some men who went away from Alexandria, officers of com 
panies. 

Question. What effect has the liberality of President Johnson in regard to pardons and 
amnesties had upon the minds of the rebel population, so far as you have been able to ob 
serve it? 

Answer. I think if a different course had been pursued they would, have been a different 
people. 

Question. Different what way better or worse ? 

Answer. I think they would have been better ; I think there has been, too much leniency 
used ; I think the government has extended too much leniency towards them. 

Question. What particular eifect has that leniency produced upon them.? 



36 RECONSTRUCTION. 

Answer. It has made them more defiant. It looks to me as if they thought the govern 
ment was afraid of them, and was pursuing this course to conciliate them. 

Question. Is there any particular fact on your mind which you desire to state to the com 
mittee ? 

Answer. No, sir ; my opinion is that if the rebels should get control, they would proscribe 
the Union men politically and socially. 

Question. In such an event, would you stand in fear of violence on the part of ex-rebels ? 

Answer. Yes, sir ; they threatened to drive me out of the town at the commencement ot 
the war; they sent me word if I was not careful of how I talked they would drive me out of 
town; but I defied them, and they never bothered me. 



WASHINGTON, February 1, 1866. 
J. J. Henshaw sworn and examined. 
By Mr. HOWARD : 

Question. Where do you reside? 

Answer. Lovettsville, London county, Virginia. 

Question. How long have you resided there 1 

Answer. I have resided there since 1856, with the exception of being absent from the 28th 
of June, 1863, uutil the 4th of July last. I was necessarily compelled to be absent during 
that time in consequence of the rebellion. 

Question. Are you a native of Virginia ? 

Answer. I am ; I was born in the county of Frederick, Virginia. 

Question. What is your occupation ? 

Answer. I am a practicing physician. 

Question. How extensive is your acquaintance throughout the State of Virginia ? 

Answer. Not very extensive ; I have been in Richmond as a member of the legislature last 
spring I mean the loyal legislature that went from Alexandria. I was called there on that 
extraordinary session, and was there three days; I have never been in Richmond before. 
Some years ago I travelled the whole length of the Sheuaudoah valley, but I cannot say that 
I know much about the country or the people now, of course. 

Question. From your knowledge and information, what is the general feeling of the rebel 
people in London county towards the government of the United States ? 

Answer. In the precinct where I reside we had but very little disloyalty ; we have about 
375 voters, at the lowest estimate, and there are not twenty-five rebels anioug them, all told. 
Consequently, there being so few rebels in that particular locality, they are very quiet, and, 
generally speaking, conduct themselves very well. I have noticed this difference : Before I 
left the State, in the spring of 1863, my own warmest friends and most intimate associates 
were rebels, who had belonged to the whig party generally before. Since I went back, with 
the exception, I think, of three families that I have met in the outskirts of my ride, I have 
not been invited to call and see one of my old friends. 

Question. Do you mean professionally ? 

Answer. No, sir ; socially. 

Question. Have you been called professionally among them? 

Answer. Only in my immediate vicinity ; there I practice among them as well as among 
others. 

Question. Have you been, uniformly, a Union man yourself? 

Answer. Yes, sir ; all the time. 

Question. You never have rendered any service to the rebel confederacy ? 

Answer. None ; and in consequence thereof I had to leave ; I was compelled to leave or 
report to General Jones, at Charlestown, on the 28th June, 1863. 

Question. Who was General Jones ? 

Answer. A rebel general. The rebels were then on the raid into Maryland, and I was 
captured and notified to meet my captors the next evening- or morning, at a certain point, to 
go with them to Charlestown. I of course did not meet them, but crossed the Potomac river 
into Maryland. 

Question. How were you treated by the rebels into whose hands you fell? j* 

Answer. They gave me time to report at a certain place and to go with them to the gen 
eral ; but I left the State and did not go back to remain there until the 4th of July last. 

Question. What is the feeling on the part of the rebel population where you are acquainted 
towards the government of the United States ? 

Answer. As far as I am capable of judging, they are as hostile to-day to the government of 
the United. States and to the loyal people of the State of Virginia as they ever were. There 
may be a few honorable exceptions, but they are very few. 

Question. Are there many among them who have been pardoned by the President? 

Answer. There are some in our county. 

Question. What kind of feeling do they manifest? 

Answer. I have not met with them at all, and cannot tell what their feeling may be. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 37 

Question. What effect has generally been produced on the minds of ex-rebels by the 
liberality of the President in granting: pardons and amnesties ; how do they regard that policy, 
and what effect has it had upon their hearts and conduct? 

Answer. That would be a very difficult question for me to answer, and it is a little deeper 
in than I am able to see. But, if I am to judge from what I hear, they do not appreciate 
the kindness of the government at all, or only so far as it may serve their purpose. 

Question. Do you think that that policy has had a tendency to quiet their feelings and rec 
oncile them to the authority of the United States? 

Answer. It should have had. 

Question. But does it have according to your observation? 

Answer. I do not think I can say it has. 

Question. You have mingled among them to a large degree since you went back ? 

Answer. Yes, sir; with the few that w r e have in our neighborhood. 

Question. State whether, in speaking of the United States and its government, they are in 
the habit of using expressions of respect for it or of contempt, or dislike ? 

AnsAver. I do not know that I can say that I have heard one, since I have been back, speak 
ing disrespectfully of the government ; I do not know that I have. 

Question. Is there any other fact which you want to state to the committee ? 

AnsAver. If I am only to state mainly what I am an eye-witness to I do not believe 

Mr. HOWARD. You can state Avhat you hear from credible sources of information. 

Answer. I Avill state a circumstance that I have from unquestionable authority, from some 
young men Avith whom I was Avell acquainted AA-hen a refugee and Avho have since gone back 
to their homes in Fauquier county. These men have been loyal and respectable, and they as 
sure me that they got this information through Mosby s men that Mosby had notified them 
to hold themselves in readiness. His words were : "Boys, hold yourselves in readiness, for it 
will not be more than tAvelve months until I Avantyou again." 

Question. What are the names of the persons who gave you this information ? 

AnsAver. John E. Fletcher, William H. Fletcher, and Marion Fletcher, three brothers with 
AA T hom I Avas- well acquainted when north of the Potomac. They got it from members of 
Mosby s gang. I do not knoAv a better man than John E. Fletcher to be summoned before 
your committee. 

Question. Do you get this statement from Mr. Fletcher? 

AnsAver. Yes, sir. 

Question. And he told you that some of Mosby s men had made this statement in his pres 
ence ? 

AusAver. Yes, sir. 

Question. Does Mr. Fletcher live in Lovettsville ? 

AnsAver. No, sir; his post office is Middleburgh, London county. He liA-es on the road 
from Middleburgh to Upperville. I Avill relate another incident to the committee. I Avas in 
timately acquainted with a lad^ in our county before the Avar; and since the AA~ar, although 
she is an aA owed rebel, I am still on intimate terms Avith her. She assures me that she is as 
much a rebel to-day as she ever was ; and also assures me that those who have taken the oath, 
so far as she knoAvs, are just as much rebels to-day as before they took it. Her husband was 
a rebel during the Avar. 

Question. What do they think of the constitutional right of secession ? 

AnsAver. I do not think that they consider that their State rights or anything of that sort 
haA e been impugned. They have been overpoAvered, but they were right neA r ertheless. What 
they claimed and Avhat they struck for they Avere entitled to, and are entitled to yet. That 
seems to be their impression. I do not think you can find one of them AA^ho AA ill admit that 
he AA-as wrong in sustaining the rebellion and in making Avar upon the government. 

Question. HaA r e you any reasonable ground for supposing that there are combinations or 
conspiracies anywhere in the rebel States, in Virginia or elsewhere, having in vieAV the re- 
neAval of the Avar, the overthrow of the government of the United States, or the independence 
of the rebel confederacy ? 

AnsAver. I haA^e never been induced to think anything of the sort until very recently ; and 
my reason for thinking now that there may be something of the sort, is the manner in which 
the rebels and the disfranchised portion of the people of Virginia seem to be disposed to 
act. We are kept in the dark entirely as to anything of that sort ; Ave can only get at it by 
accident, if at all. But if you would refer to the acts and speeches of that rebel legislature 
at Richmond, you would see that they either Avish the government of the United States to 
destroy the State of Virginia, or are determined to let the government of the United States 
see that they Avill have things, and do things, and say things, just as they choose, whether 
loyal or disloyal. 

Question. Is that a very general feeling among them ? 

AnsAver. I think it is almost unanimous. We have a member of the senate in the legisla 
ture from our county ; I look upon him as a loyal man. I asked him the question recently, 
"How do you got along with these fellows. " He says, "Oh, very smoothly." 1 then 
asked him about the elective franchise, and about the proposition to require any one immi 
grating into the State of Virginia to remain there five years before he could exercise the right 
of a citizen. "Oh, " says he, "that Avill not pass." "Well," says I, " they have got a bili 



38 RECONSTRUCTION. 

up of that kind." That is one of the best indications I have seen from any quarter of the 
direct hostility of that part of the State of Virginia to the government of the United States 
that five years bill. 

Question. Why did he think it would not pass ? 

Answer. I did not ask him. I just met him on the road as I was going home, and he did 
not enter into any particulars in reference to it. 

Question. What do you suppose to be the animus of that bill, of which you have spoken, 
requiring five years residence to enable one to vote in Virginia? 

Answer. My supposition is, that it is designed to keep northern men intelligent working 
men from immigrating into the State of Virginia, and, at the same time, to prevent those 
who left the State and went north, and took part against the rebellion, from exercising their 
rights as citizens when they come back, because they have lost their residence in Virginia. 

Question. Among what class in Virginia does this indisposition to welcome immigration 
from the north operate most powerfully ? 

Answer. Among the most wealthy and influential portion of the people. 

Question. Do you mean the old slaveholders? 

Answer. Yes, sir. 

Question. How are that class of persons generally disposed towards the freedmen in Vir 
ginia? 

Answer. From what little I have seen (I have not seen a great deal) they are hostile, as a 
general thing, to the freedmen decidedly so. 

Question. If they had the power, would they or would they not reduce the blacks again to 
slavery ? 

Answer. I do not think they Avould hesitate a moment in doing so. 

Question. Do you think it is their intention, by some artifice of State legislation, again to 
reduce the black man to a state of servitude ? 

Answer. I do not know. If they could do it with safety, I have no doubt but that they 
would do it ; if they could have help enough from the United States, they would do it. 

Question. Is the Freedmen s Bureau of any utility in Virginia, so far as you know ? 

Answer. W T e have a branch of it in our county-town, but I have seen or heard but little of 
its workings there. There is not much material for it to attend to. I know of but one 
family in my neighborhood that has undertaken to take care of freedmeu. 

Question. What effect would the withdrawal of the United States troops from Virginia 
have upon the peace and quiet of the State ? 

Answer. If the loyal white man and the freedman would willingly obey all the commands 
and dictates of the rebels, we would get along peaceably enough. 

Question. Suppose they would not do that ? 

Answer. I do not suppose we would be allowed to do anything else but obey. I think we 
would necessarily be compelled to obey, if the military were taken away from the State of Vir 
ginia. We would have to succumb to the wishes of the rebels and to keep quiet, or else we 
would have to leave the State. We see from the papers that they complain now of certain par 
ties telling falsehoods upon them, in order to excite Congress and the President against them ; 
that they are loyal while these men are disloyal ; and that if those men do not like what they 
are doing, the community would be as well without them giving them permission to leave. 
That is a bold and significant indication, and I think it more than likely that it would be 
pressed in another form. I, myself, having taken a prominent stand all the time in favor of 
the government of the United States, would not feel very safe in Virginia if the military 
were taken entirely from the State. 

Question. Would you not feel pretty safe in any of the civil courts of Virginia you, a 
Union man ; would you not expect impartial justice from a court and jury, if you were an 
accused person in the court, or were suing there for redress of any of your wrongs ? 

Answer. I do not believe that you could get au impartial jury hardly in our county to try 
a case between an avowed Union man and an avowed secessionist ; I do not believe that you 
could do it. 

Question. Could you not find a jury there who would convict a man of treason against the 
United States fur waging war against it, wilfully and wantonly ? 

Answer. If you would select a jury, you could do it, because we have no less than seven 
hundred loyal men in the county. 

Question. But if the jurors were taken up by lot, could you do so? 

Answer. If they were taken up by lot in the ordinary way, you could not get a jury that 
would convict a man of treason against the government of the United States ; I do not 
believe you could. 

Question. You mean to say that it would be very difficult to get a verdict of twelve men, 
constituting a jury, to convict anybody of treason? 

Answer. Yes, sir, I think it would, unless you selected a jury and picked them out. You 
could not do so if the jury was taken in the ordinary way. 

Question. Have you any reason to suppose that that feeling is prevalent throughout the 
State of Virginia? 

Answer. Yes, sir. 

Question. Dues anything else occur to your mind that you wish to state to the committee? 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 39 

Answer. I might mention the treatment which Methodist preachers receive at the hands ot 
the people in our county. Within the last three weeks a Rev. Mr. Ross, of the Baltimore 
conference, a Methodist preacher, was ordered into our county by the proper authorities of 
the church. About three weeks ago last Sabbath, while he was going from Leesburg to 
Warren to preach, he was attacked by three or four men, taken from his horse and pretty 
severely beaten ; his pocket-book was demanded, but there proved to be nothing in it ; 
they released him with the understanding, that in so many hours (a day or two) he should 
leave ; if not, he would fare worse the next time. That is a notorious fact. 

Question. What was the real character of the gang ; were they mere robbers or highway 
men, or were they rebel guerillas ? 

Answer. I do not suppose they were robbers, or highwaymen, or rebel guerillas ; but they 
\vere men who are determined that ministers of the Baltimore conference shall not continue 
to preach to them. 

Question. What is the political character of these ministers ? 

Answer. Their political character is, that they come from the north, and are sent there as 
men loyal to the government of the United States. Being members of the Baltimore confer 
ence, they are not, of course, members of that other conference which proposed to meet in 
Alexandria a week or two ago. 

Question. What sort of men are they ? 

Answer. They call themselves southern Methodists. 

Question. Has the split in the Methodist church never been healed ? 

Answer. It has never been healed. Nearly all those who during the rebellion adhered to 
the Baltimore conference, have gone now with the southern Methodists ; and that reduces the 
northern Methodist church as the southern people call it to very few, except along the 
northern border of the county. I heard Mr. Ross state last summer, in the pulpit of the 
Rehoboth church in our county, that he proposed to preach at Hamilton, in London county : 
but they would not let him have the key of the church in which he proposed to preach, and 
they would not let him have the church. These are evidences of their hostility. 

Question. Are the municipal affairs of Loudon county in the hands of rebel officials ? 

Answer. No, sir ; our sheriff, clerk of the county court, clerk of the circuit court, and three 
of the five deputies, are loyal men. The presiding judge of the county court, William H. 
Gray, is a reconstructed rebel. He has taken the oath and is a member of this Virginia le 
gislature. 

Question. How is the legislature now in Richmond regarded by the people of your county 
as being a true representative of the State of Virginia ? 

Answer. Yes, sir ; they are regarded as a true representative of the people of Virginia they 
represent them very well. 

Question. What is the feeling in your county among the rebels towards Jefferson Davis ? 

Answer. I never heard a rebel in the county say aught against him or anything in his fa 
vor ; more than that, he ought not to be hanged, and would not be hanged. 

Question. Is there anything else you wish to state to the committee ? 

Answer. There would be no difficulty in getting every man in the county of Loudon to 
sign a petition in favor of doing away with that rebel government at Richmond, and giving 
us something that will not be such a government as that. I am satisfied of that ; and I am. 
not so sure but you will have petitions to that effect brought in soon. 



WASHINGTON, February 2, 1866. 

Watkins James sworn and examined. 
By Mr. HOWARD : 

Question. W T here do you reside ? 

Answer. I reside in Winchester, Virginia. I am about two-thirds of my time in Winchester 
and one-inird in Woodstock. 

Question. How long have you resided at Winchester ? 

Answer. Since May last. I am assistant United States assessor under the revenue act. 

Question. And you find it necessary in the discharge of your duties to travel about a good 
deal ? 

Answer. Yes, sir; I had charge of three counties recently, but within the last three months 
I gave one of them up. Those counties were Frederick, Shenandoah, and Warren. I have 
not been acting in Warren since September last ; I had more than I could attend to, and that 
county was assigned to somebody else. 

Question. Are you a native of Virginia ? 

Answer. No, sfr; I was born in Maryland. I left Maryland in 1844, and since that time 
have resided in Virginia with the exception of the last two and a half years, when I was com 
pelled to leave. 

Question. In the course of your journeyings throughout your district what opinion have 
you formed of the feeling of the once rebel people towards the government ot the United 
States? 



40 RECONSTRUCTION. 

Answer. I have come to the conclusion, from travelling through the country, that their feel 
ings towards the government, towards Union men, and towards the freedmen, are more hos 
tile to-day than they were at the close of the rebellion. 

Question. Is that feeling confined to any particular class ? 

Answer. The under class as we, may term it, manifest that feeling ; but the great difficulty 
is that there seems to be no disposition on the part of those who can control that class of the 
community to suppress it. I have, in my official capacity, gone to the leading men of sev 
eral towns and talked with them on the subject, impressing upon them the necessity of trying 
to control that feeling, telling them that we would never get rid of the military until they 
learned to control that element. I had a conversation the other day with a gentleman in a 
store in Edinburgh, where tlure were some twenty persons present. I commenced making in 
quiries about our representation in Congress ; I asked if he did not believe that there were 
influential men in that town who would dissolve the government to-morrow by legislation it 
they could. He said he believed there were. I asked if he did not believe that a majority 
of the people would do so. He said he believed they would. I said that there had been too 
much blood and treasure sacrificed in the country to let them step in now and accomplish by 
legislation what they failed to accomplish by the sword. I feel satisfied, from the conversa 
tions I have had, that if the troops were removed there would be trouble. It seems to me 
that our protection depends altogether upon United States troops. A little circumstance oc 
curred on the 29th of last month (January) which I will mention : about seven o clock in the 
evening, when the mail arrived, I went to the post office, and was in the ante-room, where there 




suppose, fifteen years of age. I looked on for some time, and the boys kept it up for aboufr 
fifteen minutes ; at last I spoke, and said that they must stop that, as the boy was not troub 
ling them. The boys stopped at once, and I then turned to the crowd and spoke to them 
about the impropriety of their permitting such conduct. I said, "You are anxious to &< 



<ret rid 




was outrageous, and thaHt occurred every night. I said I wanted to know who that boy s 
father was ; I intended to see the boy s father and tell him about his son s conduct ; I could 
not get one individual to tell me who that boy was. I talked to them in a spirit of kindness, 
and reasoned with them as though it was my interest to get rid of the troops. I do not re 
gard the troops as a nuisance, because I believ^they are necessary for my protection, but I 
talked as if I regarded them as a nuisance. /After I left the post office one of the fellows 
there made the assertion that I seemed very much concerned about the troops, but that I 
knew damned well that I couldn t stand therye twelve hours if the troops were gone. I have 
here the sworn statement of the postmaster.. Witness produced and read the statement as fol 
lows : 

"On the 29th day of January, 1866, I heard Watkins James talking to several persons 
about permitting some persons pulling a little negro about and calling him Freedmeu s Bu 
reau. He, James, insisted that it was the duty of every citizen to check such conduct, and 
gave as a reason why they should take the matter in hand, that unless they put a stop to 
such conduct we never would get rid of the troops. After said James left the room some 
person in the room remarked that James knew very well that if the troops left he, James, 
could not stay there. 

"GEORGE W. TAYLOR, 
" Postmaster of H ijichcster, Virginia." 

"FREDERICK COUNTY, State of Virginia : 
"Sworn to and subscribed before me, Joseph S. Denny, a justice of the peace, January 

"JOSEPH S. DENNY, J. P." 

Witness continuing : It is a common saying, and they believe it, that we cannot stay 
there longer than we are protected by the military. Mv own idea is, that we cannot. If 
the military were withdrawn, nothing in the world coulcl save us except the influential rebels 
were to take a stand and move in the matter. 

Question. Does this feeling pervade these three counties ? 

Answer. I have not been in Warren county recently. Immediately after the surrender 
that feeling did not seem to pervade eitner of these counties. The principal inquiry seemed 
to be what the government would do. 

Question. In which of the counties does this feeling prevail? 

Answer. In Shenandoah and Frederick. The other county I would suppose was worse, 
because there are worse rebels there, and more of them. When I was in that county I 
found but one loyal man in it, and that was at Front Royal. The remark is often made, and 
it is the general impression, that we must go away from there as soon as the troops are re- 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 41 

moved. I have been struck by the good behavior and forbearance of the negroes. I have 
seen them pelted with snow-balls by boys fifteen years of age. The negroes seem to pass by 
and take no notice of what is done to them. There is almost negro element enough in the 
town of Winchester to weed out the rebels if they chose. I entertain the idea that the lead 
ing men are too much afraid of the government to take any part in the matter ; but I look 
every day for patience to cease to be a virtue. The negroes have behaved thus far remarka 
bly well. After this transaction which I have spoken of as having taken place in the post 
office, I went to Mr. Philip Williams, one of the leading lawyers, and told him about it. 
My object was to show him that there was no disposition to stop this thing. He rather apolo 
gized for the boys, and supposed they were playing with the negro. I told him about the 
remark which the fellow made about my having to leave. He said that I was popular 
among the people ; that he had never heard any one speak disrespectfully of me, and that 
there was no danger of me. He said that the fellow must certainly have been drunk. 

Question. What are Mr. Williams s politics ? 

Answer. Mr. Williams has been aiding the rebellion all he could since the State seceded. 
Before that, he made some of the most eloquent Union speeches I ever heard. The reason 
they do not try to suppress this element is this : they are working on the political board and 
want these boys votes. It does appear to me that they are laboring now as faithfully to 
bring about a dissolution of the Union by legislation as they did by the sword, and they 
think they will accomplish it. 

Question. Do you suppose there are any conspiracies or secret associations having in view 
the dissolution of the Union ? 

Answer. I do not know that there are ; but I think that there is a general understanding 
among them in their political movements, and that they hope to accomplish a dissolution of 
the Union by legislation. 

Question. How are they going to work at that ? 

Answer. If they can get representatives in Congress, and get up any question that will 
divide the north, they expect, by co-operation with their copperhead brethren, to embarrass 
legislation, and get the government into difficulty. 

Question. By means of concert with their copperhead brethren ? 

Answer. Yes ; I feel satisfied that if there was a rupture to-morrow between the United 
States and France or England, four-fifths of these men would engage with any ally who 
they might think would prove the destruction of the country. I cannot be mistaken about 
that. 

Question. Have you heard anything said about that ? 

Answer. No; I have heard nothing said about it; but I have heard men arguing about 
the great principles that underlie the government men who have not been defenders of their 
country or protectors of its honor ; and the only object in the world they could have in 
wishing to get the country into trouble was to have their revenge. 

Question. Do they generally detest the government of the United States ? 

Answer. Yes, sir. 

Question. Are they in the habit of speaking of the government of the United States in 
terms of opprobrium or contumely ? 

Answer. Yes, sir ; they hardly ever speak of it in any other terms. They speak of it as a 
tyrannical, oppressive, Yankee government, and everything else. They would injure them 
selves and the entire community if they thought they could ultimately injure the govern 
ment. They suffer the basest misrepresentations to be gotten up about the currency, for 
instance. Men who have too much common sense to believe a story of that kind suffer it to 
be repeated in their presence a hundred times. For instance, they allow statements to be 
made in relation to the national bank notes which they know to be false. They will suffer 
the entire community to be injured by those misrepresentations simply that they may ulti 
mately injure the government. I happened to be at Woodstock on Monday week, when a 
merchant came into the office and offered a note in payment of his taxes. I had seen this 
underhand work in trying to depreciate the currency, and I thought it was a good time to 
say something in favor of the currency. The room was pretty full, and all of them were 
rebels. Said I, "Mr. Smith, if I understand anything about the national currency and I 
do not profess to understand much about it the holder of this note is safe anyhow, unless 
the government breaks. Now," said I, "do you know how the bank gets this note?" He 
says he did not know. Said I, " Let me tell you how I think it is. The banks do not now 
issue their notes as the old banking institutions did; but before one of these national banks 
can issue a note they have to deposit a sufficient amount of government bonds for the ulti 
mate redemption of their notes. Now," said I, " I can see how the bank itself can break, 
but the holder of the note must get paid." They began to talk about the mutter, and all of 
them agreed upon it. "Now," says I, "if you all understood it before, why did not you 
simply say so, and stop these reports ? They can do no good, but injure the currency of the 
country. This paper is worth from sixty to seventy cents on a dollar. If you drive this out 
of circulation, the next best money you can get is the notes of some broken bank of Virginia, 
that will be worth only from ten to twenty-five cents on a dollar." And yet they allow 
these reports to pass uncontradicted. 

Question. Do you mean to say that business men who are in the daily use of large 



42 RECONSTRUCTION. 

amounts of money merchants and dealers who know the necessity of a good currency will 
remain silent while these aspersions are cast upon the credit of the national currency? 

Answer. Yes, sir. I saw in the town of Winchester lists of broken banks given to men 
who came into the country to put them on their guard, and the reason of it was this: None 
of the issues of these banks were in circulation; but the idea was to give the impression that 
there were bills of broken banks in circulation, so as to make people suspicious of the national 
bank notes. I was in Woodstock the day the military were withdrawn from there, and was 
stopping at the house of a Mr. Ives. A teacher of the colored school came down to see Mr. 
Ives, and spoke about giving up his school. He advised him to go on and continue his 
school, and take six or seven of the young men home with him to protect him. That night 
they put up a piece of writing on the postmaster s door, blaming him for boarding this man 
who was teaching the colored school. The writing made inquiry about his board bill 
whether he had paid it, and remarking that the postmaster had gone up the spout for board 
ing him. After a day or two they took to snow-balling the teacher, and he had them up 
before the court. There their fathers promised that they would not do so any more, and 
they were let off. That judge was elected before the right of suffrage was extended. I do 
not believe that & Union man can have any justice in the courts for any outrage done him 
during the rebellion ; and I will give my reason for that belief. Some Union lawyers there 
instituted certain suits of that kind, which have come off before the county court, and they 
have all been moved up before the circuit court, so as to get Judge Parker s opinion. 

Question. Is that circuit court a State court ? 

Answer. Yes. 

Question. How can a case be .thus removed from a county court to a circuit court? 

Answer. I am not lawyer enough to tell you ; but there is a mode provided by law. I 
heard Mr. Pollock, a lawyer there, say that Mr. Williams, another lawyer, had four or five 
suits of that kind, and withdrew them because he would not involve his clients in further 
costs, as he did not believe there was any chance for them. He was afraid of the rulings 
of the circuit court being in favor of the rebels. 

Question. You think that if the troops were withdrawn there would be scenes of riot and 
bloodshed committed by the rebels upon Union men? 

Answer. I think so. I think Union men would not be permitted to stay there. I heard 
a lady who had been a refugee during the war say that she went to a church in Woodstock, 
and that a lady came in and took a seat beside her, but upon discovering who she was she 
got up and took a seat in another part of the house. The rebels will set to and curse the 
Union men who went off and followed the old flag as traitors. 

Question. Do the rebels generally disregard the obligatory character of the oath? 

Answer. It seems to me they entertain the idea that that oath is forced upon them for the 

Eurpose of their obtaining equal rights with other citizens, and therefore is not obligatory or 
hiding upon them. I think that nineteen out of twenty believe that. It is a doctrine 
taught by high authority. Soon after the surrender I went up the valley and found these 
people quiet and peaceable, disposed to submit to almost anything. Some of the leading 
men inquired earnestly as to the policy the government would pursue towards them. I 
thought there would be no confiscation, and I remarked to them that there was nobody in 
the Shenandoah valley of importance enough for the government to notice if they behaved 
themselves. I gave them every assurance, so as to pacify them. Since that. time they have 
assumed a different attitude altogther. 

Question. What, in your opinion, has been the cause of that change? 

Answer. My own impression is that the leniency of the government is the cause. They 
expected to have been dealt with more harshly than they have been. They found that the 
right of suffrage was extended to them, and that they could control the State and county 
and had nothing to fear. 

Question. What, in general, is the disposition of the rebel portion of the population 
towards the freedman ? 

Answer. They are as hostile to him as they possibly can be. If it were not for the Freed- 
men s Bureau he would be in a worse situation now than when he was in bondage. My 
honest impression is that, if you remove the military, the negro will either have to leave 
there, go back to bondage, or be annihilated. It seems to me there is an auhnosity between 
the rebels and the negroes which never will be settled in this world. If there was a collision 
between the rebels and negroes to-morow in Winchester I would not be afraid to walk the 
streets while the contest was going on, for I know that the negroes would not trouble me. 
Their conduct has been orderly beyond my expectations. Their conduct has been unex 
ceptionable, only that some of them will not work as well as they were expected to work ; 
but there are a great many white people who will not work either. It is not an uncommon 
thing to see five or six of these young aristocrats, who never worked a day in their lives, 
and who are depending on bank stock which is not worth a cent, cursing and damning the 
negroes for not working, while the negroes can get along better without work than they can. 

Question. What is the truth of the case in regard to the negro s inclination to work now 
that he is set free? 

Answer. The negroes there seem to be sustaining themselves. I do not know that any 
charity is given to them in Winchester. I have said to these people: "I have uo sympathy 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 43 

with the negroes ; I am not going to grieve myself to death about them. Here is work for 
them to do." 

Question. If the negro is fairly and honestly paid for his labor will he not work enough ? 

Answer. My own impression is that he will work much better than those people w r ho are 
denouncing him. It is all a humbug, and has been a humbug from the beginning, to say that 
he will not work. The negroes know where they are treated well. 

Question. What do you think of the present State government of Virginia ? 

Answer. I think that is the rock on which we split in extending the right of suffrage so 
that the rebels could get control of things. I regard Mr. Peirpoiut as having been deceived 
by them. He thought his lenient course would work well ; but it has only made them arro 
gant. 

Question. Does a Unionist stand any chance of being elected to office in Virginia? 

Answer. None in the world ; he never will be elected to office there. You have no idea of 
the tyranny exercised over men s opinions there. A friend could not sit down and talk with 
you if the negro was concerned in the conversation. Here was the prosecuting attorney, 
with the law on the one hand, and the mob with tar and feathers on the other. Talk about 
liberty! there never was more tyranny exercised on the face of the earth. 

Question. Is it likely that a rebel who has been wilfully and willingly engaged in the war 
against the United States could be brought to justice and convicted of treason before a 
Virginia jury? 

Answer. No, sir; no possibility of it unless you pack the jury with Union men. They 
believe now that they had the right of secession. The Virginia legislature want to assume 
the direct tax of 1861, and my opinion as to their object is^that it would be a stepping-stone 
towards establishing their great doctrine of State sovereignty. Another objection to their 
assuming it is, that they will collect the tax in their own way, by a capitation tax, so as to 
make the laboring people pay it, because the landed aristocracy are not able to pay it. 
Besides, a great many of the Union men went forward and paid their taxes, while the rebels 
are holding back as if by concert of action. 

Question. Would they not be likely to discriminate between rebels and Unionists in the 
imposition of this tax ? 

Answer. It would seem to me that they would do so. 

Question. And compel the Unionists to pay the principal part of the tax ? 

Answer. If there was any way in the world to put it all upon them they \vould do it. 
They say we are the ones who created the debt that we would not let them alone. 

Question. Is there anything else you wish to say to the committee? 

Answer. No, sir; nothing else. 

WASHINGTON, February 16, 1866. 

The following letter was this day received from the witness Watkins James, and was 
directed to be attached to his testimony : 

ASSESSOR S OFFICE, U. S. INT. REVENUE, 3D DISTRICT VIRGINIA, 

Woodstock, Shenandoah County, Va,, February 12, 1866. 

DEAR SIR : You will remember that I was before the Committee on Reconstruction on the 
2d day of February. Permit me to add to my testimony some things that have taken place 
since my return. I came from Winchester to this place to attend to my duty. I passed up 
Cedar Creek valley, and the rebels in this county have shown such a vindictive spirit that 
my friends here were alarmed about my safety, and were much relieved when I arrived. The 
reasons they gave, there was no security for life./" A few days ago an anonymous letter 
was dropped in the post office, notifying the teacher of the freedmen s school that he 
must leave or take the consequences. About the same time, or a few days thereafter, two 
United States detectives were run from New Market. A black man, who called at New Market 
to collect some money due him, was run out of the town. There was a juvenile exhibition 
in Woodstock, the county seat of Shenandoah county, under the supervision of the minister 
of the Methodist church south his name is Armstrong at which the lone star was exhibited 
in the room, with the word excelsior written under it. An argument was made, drawing a 
comparison between General Lee and George Washington, in which General Lee was made 
the greater. A man named Larnbersou, who is engaged in a business in Woodstock, was 
coming from where his parents lived to town. He was shot at twice in quick succession, one 
ball passing in front of his face, and a Minnie ball passing through his carpet-sack, which he 
was carrying in his hand. This man s offence is, he served in the Union army. The Union 
men feel there is great danger. About the same time a teacher of freedmen, who was teaching 
about six miles east of New Market, and in Page county, was called on some time in the 
night by fifteen or twenty persons and taken from his bed ; taken to the Sheuandoah river, 
put in a ferry-boat, taken to the middle of the stream where the water was about four feet 
deep, and held under the water some time. He was put under a second time, and then 
threatened, if he did not leave the county in three days, he would be shot dead. This teacher 
came to Woodstock and reported these facts. The man who kept the key to the ferry-boat 
is either postmaster or deputy postmaster. The key to the boat was used by the mob. All 
these transactions took place about the same time, and but for the timely arrival of a few 



44 RECONSTRUCTION. 

Union soldiers at Woodstock, there is no telling where these atrocities would have ended. 
The teacher at Woodstock, and the one they ducked near New Market, went to Winchester 
and reported this case of ducking- to Major General Ayres. He referred them back to the 
lieutenant at Woodstock, and thus the matter at present rests. It is said as soon as the cav 
alry arrives some arrests will be made, as several of the parties engaged in this outrage are 
known. While under examination you asked me if I knew of any secret organization existing 
in Virginia which I thought was operating against the government. I told you I did not, 
but there was a concert of action among the rebels since my arrival here. I now think there 
is, for this reason : A Union man, upon whom I can rely, told me a rebel asked him whether 
lie had heard of such an organization, and from the character of that man I feel confident, 
from the manner in which the question was asked, it was done simply to find out whether 
the Union man knew of the existence of the organization. Rebel songs are sung nightly in 
our streets, and sometimes shouts for Jefferson Davis. When the purport of the Emperor of 
France s address was known here the leading rebels evidently showed they were disappointed. 
I am fully satisfied they would rejoice to see a war between the United States and any other 
power that they thought could damage the government. 
Yours, very respectfully, 

WATKINS JAMES, 
Assistant Assessor 3d District Virginia. 
Hon. JACOB M. HOWARD, 

United States Senator for State of Michigan. 

p. g. The teacher who was ducked in the Shenandoah river made an affidavit to that fact 
before the lieutenant in command at Woodstock to-day. While I am writing there is a crowd 
in the street singing "Down with the Yankees and up with the bars." A pistol was fired in 
front of this house not two minutes ago. 

ASSESSOR S OFFICE U. S. INT. REVENUE, 3D DISTRICT VIRGINIA, 

Shenandoah County, Va., February 12, 1866. 

I, Watkins James, do solemnly swear that I believe all the above statements are true. 
They have come to my knowledge by such sources as I cannot reasonably^ doubt. 

Sworn to before me this 12th day of February, 1666. 

GEORGE RYE, Justice of the Peace. 



WASHINGTON, February 3, 1866. 
Rev. E. O. Dunning sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. I reside in Winchester, Virginia. I am not legally a resident of \ irgima, but 
that is my headquarters. 

Question. In what capacity are you acting ? 

Answer. I am a clergyman, and I am agent of the American Bible Society. I was sent 
out to Tennessee and Virginia after the close of the war to make some explorations in regard 
to the condition of things there. 

Question. How long have you been actually at Winchester ? 

Answer. I have been at Winchester about a month ; but I have been in the valley of the 
Sheuandoah and southwestern Virginia and East Tennessee for five mouths ; I have been 
through all that region. 

Question. Where is your home? 

Answer. My family resides in New Haven, Connecticut. I am a citizen of Connecticut. I 
resided, I may say, ten years, before the war, in Virginia. I left there when the war broke out. 

Question. In what part of Virginia did you reside 1 

Answer. In Winchester ; that is, I resided there, as I do now. Occasionally I went home 
north to see my friends. 

Question. H ire you travelled about in Virginia much since the commencement ot hostilities 1 

Answer. I have. 

Question. Have you mingled freely with the people of all classes ? 

Answer. I have. 

Question. What portions of Virginia have you visited since the war? 

Answer. I have visited the tier of counties which belong to southwestern Virginia and the 
whole valley of the Sheuandoah. I have been in nearly two-thirds of the counties of the 
valley since the close of the war. I visited at least twenty counties. 

Question. How do you find the state of public feeling among the ex-rebels, where you 
have been travelling in Virginia, in reference to the government of the United States, and in 
reference to the loyal people I 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 45 

Question. My opinion is that they are, as a general thing, disloyal. When I speak of 
their being disloyal I mean this: that they seem not to have fidelity to the government. 
They do not seem to have any good will to the government. They are not true, as I under 
stand it, to the Union of the (States, because I think that the old disunion feeling still exists 
there, and that they would like to be independent to-morrow. 

Question. Do they tell you so, or is that an inference of their own? 

Answer. Well, I will say this that I have heard such expressions used. 

Question. Among people of condition and influence ? 

Answer. I would not say that. I merely say that I have heard such expessions used as 
this : that they did what was perfectly right, and would do the same thing again ; that I 
have heard, and that expression is published in the correspondence of the London Times as 
being the opinion of the young men of Virginia. 

Question. What part would the ex-rebels generally be likely to take in the event of a war 
between the United States and any foreign power, such as France or England ? 

Answer. I have heard a great deal on that subject. I have heard general exultation at 
the prospect of a war with Mexico and France, because it would cripple the United States, 
and I have heard this remark made in connexion with it, and by respectable men, too, that 
were war to occur between the United States and Mexico, thousands of young men would 
rush to Mexico. 

Question. What side would they be likely to take? 

Answer. Against the United States. 

Question. What young men ? 

Ausw r er. The southern young men who had been in the rebel army. They would rush to 
Mexico; I have heard that. I have made a little arrangement of my ideas on paper here. 
Would it be pertinent to the subject to mention the ecclesiastical divisions upon sectional 
grounds, and the feelings of the people in that respect ? 

Mr. HOWARD. Certainly, sir ; go on and give your narrative in your own words touching 
upon all the subjects that you choose to touch upon. 

WITNESS. I Avould say with reference to church divisions that ecclesiastical bodies in 
Virginia are now divided upon sectional grounds. Before the war, churches in Virginia 
and in the south were connected with one of the general assemblies. They have now a 
synod of their own in the south, and on no ground that I can see, except on the sectional 
ground. I refer to the Presbyterian body, Old School. The Presbyterian body, New School, 
was divided before the war ; that is, there was a southern assembly and a northern assembly. 
Since the war the Old School body and the New School body have merged all their doctrinal 
divisions, and have come together and united in doctrine ; whereas they were divided before, 
discarding all connexion with the north. 

Question. How do these religionists of whom you speak regard the abolition of slavery ? 

Answer. They say that the question is settled, so far as slavery is concerned. 

Question. Do they think the abolition of slavery right or wrong ? 

Answer. They do not like it ; they think it wrong. 

Question. Is that feeling pretty general in that church ? 

Answer. Yes, sir. As to the Methodist denominations the same things have occurred there, 
which I thought very significant. Although the Methodist denomination was divided before 
the war on the question of slavery, yet there were many churches in the valley of Virginia 
still connected with the north by the Baltimore conference. Since the war these churches 
have gone over to the south, and withdrawn their connexion from the north. The preacher 
who was sent by the Baltimore conference to the church at Winchester was confronted in 
the pulpit by Mr. Wilson, a minister, who belongs to the southern connexion, and who took 
the hymn-book out of his hand and went on and preached the sermon. That was since the 
war. General Ayres, the general of the department, was in the congregation at the time, 
and sent word to Mr. Wilson not to appear in the evening ; he had given notice of a meeting 
in the evening. That congregation has all withdrawn from the church and gone to the 
southern church, leaving the pews to the few Unionists who are there, officers of the army, 
&c. They all go to the Union church to sustain it, but the body of the people have gone 
to the southern church all on sectional ground entirely. 

In Berryville recently a mob broke up the meeting of a Methodist minister who had been 
sent by the Baltimore conference, in his own church where he was preaching. The mob 
assailed him, and drove him out of the pulpit and out of the church, and one of them fired a 
gun or pistol. The rebels said that they had fought four years, and would fight four years 
longer to break up such an establishment as that. I suppose that may be important to 
indicate the state of public feeling there. Northern ministers are not invited to preach in the 
south at all. 

Question. How general is that refusal to invite them ? 

Answer. Almost universal, unless a northern minister is known to be a southern sympa 
thizer. Some northern men may preach in the south. 

Question. So far as your observation extends, is this universal ? 

Answer. Yes, sir. Dr. Bacon, of New Haven, went to the south, and I suppose he would 
give the same testimony. As an agent of the Baltimore conference I did business there, but 
was not invited into any pulpit, as I used to be. I am speaking now of Virginia ; there is a 



46 RECONSTRUCTION. 

very different feeling in Tennessee. I went all through the valley of Virginia, an<? western 
Virginia to Charlottesville, andover the ridge to Lynch burg, and was not invited to preach 
anywhere. I never heard a prayer for the President of the United States, or for the govern 
ment, except in the Episcopal service, which requires it. I have heard since the close of the 
war expressions made in the pulpit, of which the people approved, in regard to the oppression 
of the United States government. I was in Charlottesville on the thanksgiving day ap 
pointed by Presiden Johnson, and while the stores were shut up, there were no religious ob 
servations taken of the day at all. 

An Episcopal minister of high standing in one of the towns of Virginia went down town 
with his coat to be mended ; in one store that he went into he asked the tailor if he was a 
Union man ; the tailor said yes, and the minister would not leave his coat to be mended, 
saying that he would not trade with Union people ; he would rather do without having his 
coat mended. His congregation embraces friends of very influential men in the south. 

A distinguished Presbyterian minister, Dr. Boyd, died recently in the valley of Virginia. 
His funeral sermon was preached by one of the most celebrated clergymen of Virginia, the 
well known Dr. Stiles, who was formerly settled over one of the Richmond churches, and 
in his sermon he made these remarks: he alluded to Dr. Boyd; said that he was a strong 
southern man, and had done what he could to separate the churches north and south, which 
he did not regret ; then he spoke of Dr. Boyd having been taken from his family as a pris 
oner (he had been taken and carried to Wheeling as a hostage for the safety of two members 
of the West Virginia legislature who had been taken to Richmond.) He remarked that Dr. 
Boyd regretted nothing he had done for the separation of the churches, and asked who had 
any right to drag him from his family, to take him away and place him among felons as a 
prisoner 1 

Question. Did he say that the clergyman who was made a prisoner was placed among 
felons by the Union troops 1 

Answer. Yes, sir ; he used that phrase, and I was pained to hear it. I was there myself 
part of the time ; but this thing ca-me directly to me from a lady who heard it. I thought it 
was calculated to keep up a state of bad feeling and excitement there. 

I would say, in the next place, that there is very little social intercourse between the Union 
people and the secesh people of the district with which I am acquainted. The rebels will not 
have anything to do with the Union people. As a general thing, they shun them, and, as 
they are in the majority, the Union people expect them to make the advances which they are 
willing to meet ; but the secesh people stand aloof and show very little social feeling. Union 
ladies are not recognized in the churches where they have been accustomed to go. No notice 
is taken of them by the secesh people in the churches. They will not trade with the Union 
people in that section of the country, if they can help it. 1 think there is a general disposi 
tion manifested not to do so, and I can relate some instances of it. 

Mr. HOWARD. If they illustrate the state of feeling, relate them. 

WITNESS. An apothecary in that district said that all his secesh customers had fallen off 
since the war. A shoemaker said that he had not had six cents worth of custom from a secesh 
since the war closed. When I was going back south at the close of the war I met in Balti 
more a gentleman from Winchester. He asked me where I was going. I told him I was go 
ing to Winchester, and asked him a little about^the state of things there. He is a man of some 
influence. He said that northern men could not stay there, and he told me the circumstance 
of a Union man Avho came there with a carpet bag full of money to buy land, and who very 
soon found his way back to the railroad cars, because there was such a feeling of opposition 
to men who come there to buy laud. 

Question. You think there is an opposition to northern people going there to buy land and 
settle? 

Answer. I think there is. 

Question. How strong is it ? 

Answer. It exists among the majority of the people. A gentleman told me the other day 
that he bought a farm a few miles from town, but that there was such a state of feeling there, 
he was sorry he did so, and would sell it as soon as he could. A secesh lady who had beeft 
in the habit of trading with a Union man inquired of his brother if he was a Union ma^ 
He said yes. She had been trading at the rate of a thousand a year, but she said she wouR* 
do no more trading with him. 

I will relate an anecdote as to the feeling towards the United States government, the troops, 
and the Freedmeu s Bureau. I met two or three gentlemen in Marion county, Virginia, 
within the last two months. They were conversing about the state of things. One of them 
was a principal lawyer of the county, and another was one of the most influential men of the 
county. One of them said, "Well, we submit because we are obliged to, but we hate the 
government, and, if the government were to get into trouble, we would laugh at their calam 
ity, and mock when their fear cometh." The other gentleman, turning to his son, said Yes, 
we teach our boys to hate the Yankees ; there is a boy twelve years old who is trained up to 
hate the Yankees." These are two as distinguished men as are to be found in the valley. 

I have often heard it mentioned as good news, the possibility of a rupture with France 
upon the Mexican question. General Lee s chief of artillery (Curtis or Custis, I think) was 
travelling with a friend of mine in the State, who related to me this fact ; The chief of arlii- 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 47 

lery found out that my friend was from the north and said to him "You have the advantage 
now, but we will try you again if you do not give us our rights," or words to that effect. It 
was as strong as that certainly. This was reported to Mr. Seward. A gentleman in Woodstock, 
an influential man, said the same thing to me. He is the tavern-keeper there. He said "well, 
we are whipped; but if the government does not give us our rights, we will fight again." 

Question. What did he mean by their rights? 

Answer. That he did not specify. I suppose he meant State-rights. I heard a remark 
made in reference to which was the strongest party in Virginia, the Union or the rebel party. 
The remark was, that if the United States troops were withdrawn we would soon see who 
were the strongest party. It was a rebel who said so. The army wagons belonging to the 
government were recently stoned when they were leaving Woodstock. This was within a 
few days past. They were also fired upon from a house. I have these facts upon the 
authority of Captain Howe, who is on duty at Winchester; and I suppose General Ayers 
will make a report of it to the War Department ; but I thought I might as well mention it to 
the committee. Lieutenant Hall told me that he was travelling in an omnibus going to the 
cars ; that the rewere two rebel officers sitting beside him, and that one of them said to the 
other that the member elect to Congress had promised him an office, and that he supposed he 
would get him his old office in the Coast Survey. I think myself that the way the rebels 
parade their uniforms, wearing their buttons, is a sign of disloyalty. 

Question. State how they parade them. 

Answer. A great many coats are worn which were worn in the rebel army. As a general 
thing their buttons are cut off; but there are a good many who still wear their buttons, 
some coats are evidently new, made in the old shape, but merely denuded of buttons, while 
a great many wear buttons. The gray predominates throughout the south. They seem to 
fancy it. As to the Freedmen s Bureau, of course there is a universal hostility against it. 
There is no doubt about that. Mr. Tookay, assistant superintendent of the Freedmen s 
Bureau in Staunton, was lately hooted in the streets. His authority was repudiated by per 
sons whom he had summoned before him, on the ground that the Yankees were gone. A 
circumstance occurred recently in the cars at Gordonsville to Mr. Cohan, superintendent of 
colored schools. He had got out of the cars for a moment, leaving his baggage on the seat. 
When he came back into the car he found that his baggage had been set aside, and that a 
lady had taken his seat. He finally hunted up his baggage and remarked to a person near 
him that he thought no lady would use a gentleman s baggage in that way. The gentleman 
afterwards conversed with the lady and she told him the facts. When they were getting out 
of the cars he told Mr. Cohan that if he did not ask the lady s pardon he should suffer for it. 
Mr. Cohan said that he had not insulted any person, and was not going to ask pardon. 
Upon that the gentleman knocked him down. His name is Strother, and he is a member of 
the house of representatives of Virginia. Cohan rose from the ground and asked if there 
vras no guard there, meaning the United States soldiers. One man remarked, "We have 
got enough of you, you d d Yankee ;" and that was the general shout of the car-load of 
passengers. They had inquired of the conductor who Cohan was, and when they found out 
who he was the general feeling was against him a feeling of exultation that he had been 
knocked down, I would say that colored schools have been broken up in Virginia since the 
troops have been withdrawn. That has been the case in Waynesboro , near Stauuton. 

Question. Is that to your personal knowledge ? 

Answer. I had it from Mr. Tookay, assistant superintendent of the Freedmen s Bureau at 
Staunton. A southern lady, who had undertaken to teach a colored school there, had been 
told to leave. They would not allow her to teach there. 

Question. Who told her to leave ? 

Answer. The secesh portion of the people. 

Question. Did she leave? 

Answer. Yes, sir; but they were going to restore the school again. She did leave, and 
the school was broken up. Ladies who go there as teachers of colored schools find it almost 
impossible to get any quarters ; people will not take them in to board. I have heard it said 
often that if the soldiers of the United States were not there, there would be no colored 
schools open. Mr. Creever, pastor of the Methodist church in Winchester, told me the other 
day that although he had done nothing but preach in the church, he should not consider his 
life safe in Winchester unless there were troops there. I have heard some of the conservative 
secessionists say that it is the mob that does this thing; but the question arises, why there 
is not some exhibition of feeling on their part to put down such things. I believe, from my 
general observation of the people of that district, and from what 1 know of Virginia before 
the war and since, that there is as bitter feeling prevalent among the people against the 
Union citizens at the south those who sided with the Union cause in the rebellion as there 
was during the war; and that is the general feeling there among Union people. I do 
not think that the Union men can stay there, unless they are protected by the United States* 
soldiers. A circumstance occurred the day before yesterday in Winchester, which it may be 
as well to mention. Two Union men were conversing in the street, and one said to the other 
that for his part he approved of a certain measure introduced in Congress to consider the 
States lately in rebellion as conquered territory, to be treated as such. A person who was 
said to be the first man to appear when the war broke out, with his musket, in the streets of 



48 RECONSTRUCTION. 

Winchester he was a major afterwards in the rebel army throughout the war, and is an 
influential man was passing at the time and overheard part of the remark. He turned to 
the other Union man and asked, "What did he say?" The other mentioned what he had 
said, that he had approved of the measure introduced by Mr. Stevens. " Ah," said he, " he 
ought to have been hanged ten years ago, and you with him," and he passed ou. The post 
master at Winchester is my authority. 

Question. Do you know anything about the condition of East Tennessee ? 
Answer. Yes, sir, I do. I visited about twenty counties, out of thirty, in East Tennessee. 
I consider the people of East Tennessee as decidedly loyal very much so. I did not go 
into West Tennessee. Judging from what they said and did, there is a strong feeling mani 
fested against the rebels. There have been some excesses of mobs, which, of course, I do 
not approve of; but they were excesses running the other way. The rebels there are alto 
gether more subdued and more submissive than the rebels in Virginia, and have, I thought, 
a different feeling towards the government of the United States. 

Question. Is it not because there are more Union men in East Tennessee that the rebels 
feel thus mollified? 

Answer. I think it is. I found there the old feeling against the colored people, just as 
much as in Virginia. 

Question. What is the general disposition of the rebel people toward the freedmen in V ir 
ginia where you have been acquainted 1 
Answer. Decidedly hostile. 

Question. If they could have their way would they reduce the blacks again to slavery ? 
Answer. I cannot say, as a general thing; some would. 
Question. Would they expel them from the country if they had that power ? 
Answer. I think they would. 

Question. Are they willing to supply their places with free laborers from the north or from 
foreign lands 1 

Answer. They manifest a preference to supply their places with foreigners. 
Question. Are the rebel people, with whom you have been acquainted, generally anxious 
still for southern independence, so called 1 
Answer. Yes, sir ; I regard them so. 

Question. Do they seem to feel a disposition to separate themselves and to be by them 
selves as an independent people, unconnected, either commercially or socially, with the 
northern States 1 

Answer. Yes, sir ; they do, very decidedly. 

Question. Do they appear to hate the government of the United States generally as a gov 
eminent ? 

Answer. I think they do. 

Question. And do they appear to hate the north as a community ? 
Answer. Yes, sir; decidedly. 

Question. In case of the removal of the military forces of the United States from those 
communities, is it likely, in your mind, that there would be scenes of violence and riot 
there 1 

Answer. I have no doubt of it. 

Question. What would be the special object of such violence ? 

Answer. I think it would manifest itself against Union citizens and against colored poop!?. 
Question. In your opinion, could any considerable portion of the rebel population i> : 1.1- 
duced to volunteer their military services to defend the government of the United States 1 
Answer. I think not ; that is my opinion. 
Question. How do they regard General Lee ? 
Answer. With a great deal of admiration. 
Question. How do they regard Jefferson Davis ? 

Answer. I never heard much said about Davis in my travels. They did not talk about 
him much. They talked pretty much about Lee. 

Question. Did you hear any censure cast upon Lee, among intelligent men, either for the 
terms of his surrender or for the fact of his surrender ? 
Answer. I did not. 

Question. When they say that they "accept the situation," what is the practical meaning 
which they attach to that very indefinite phrase ? 

Answer. I suppose them to mean this : that they could not wage the war duy longer ; 
that they were conquered, and had to submit to the government of the United States, but 
unwillingly, and that they would prefer to be independent all the time. That is my opinion. 
Question. Have you any reason to believe, from information which you may have gath 
ered, that there are conspiracies or combinations of rebels having in view the renewal of the 
war or the securing of southern independence? 

Answer. I have not. I have not any knowledge of that sort. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 49 

WASHINGTON, D. C., February 3, 1866. 
Calvin Pepper sworn and examined. 

By Mr. HOWARD : 

Question. Of what State are you a native ? 

Answer. Of Massachusetts. 

Question. Where do you reside ? 

Answer. At Norfolk, Virginia. 

Question. How long; have you resided at Norfolk ? 

Answer. I have resided at Norfolk about eighteen months. 

Question. What is your occupation there ? 

Answer. I am a lawyer. 

Question. Are you in the practice of the law there ? 

Answer. Yes, sir. I was in the practice of the law at Alexandria six months before go 
ing there. 

Question. How extensively are you acquainted with the political and social condition of 
affairs in Virginia? 

Answer. I will state the sources of my knowledge and information. I am delegate here 
from a loyal league council, No. 7, of Norfolk. I have come commended by that league. I 
have been delegated to come to Washington to represent the state of feeling in Virginia. I 
am also sent here by an association of white persons exclusively, at Norfolk, to promote the 
right of impartial suffrage. This loyal league and this association comprise, as I believe, 
every one of the white persons in that section of the country who have been loyal during 
the war. 

Question. How numerous are the two associations put together ? 

Answer. The number of white persons whom I feel authorized to represent is about two 
hundred and fifty. 

Question. Are they all embraced within the city of Norfolk ? 

Answer. Norfolk and Portsmouth. I am also deputed to represent about twelve mass 
meetings, held irrespective of color, but principally composed of colored people, held at 
Norfolk, Portsmouth, Hampton, Old Point, Yorktown, and Williamsburg. 

Question. To whom are you deputed here ? 

Answer. I was deputed to the President of the United States, to this committee, to the 
War Department, to the Freedmen s Bureau, and to represent the interests of the people 
whom I have come to represent. I would state that I have also been elected by the colored 
people of Norfolk county as their judge in the freedrnen s court, so called, and that I have 
been, by many separate meetings, appointed the attorney and counsel of colored people in 
regard to those matters, and that I should judge that there are at least thirty persons a day 
on the average at my office, especially colored people, consulting me in regard to matters 
pertaining to their interests. 

Question. What is the state of feeling on the part of the rebel people in and about Norfolk 
toward the government of the United States ? 

Answer. It is decidedly hostile. 

Question. Is that hostility apparently on the increase ? 

Answer. It has sensibly increased within the last three months that is, by expression. 
Question. What, in your opinion, is the cause of that increase ? 

Answer. I do not say there is an increase of the feeling, but there is an increase of the 
manifestation of that feeling. 

Question. What do you fancy has been the cause of that increase ? 

Answer. Their restoration to power by pardons. 

Question. What effect has the liberal policy of granting amnesties and pardons had upon 
the minds and hearts of the rebels ? 

Answer. To encourage them in their hopes of establishing an independent government 
eventually. 

Question. What appears to be the ultimate hope of the rebel community there ; what do 
they intend ; what is the ultimate purpose and great end to which they are looking ? 

Answer. I think they still fondly cherish the nope of eventual separation from the United 
States government, but to be brought about in other ways than by the battle-field. They 
.seem to have abandoned that. 

Question. What other scheme have they in view now ? 

Answer. I will state that I am seriously apprehensive of direct hostile collisions between 
loyal citizens and the former rebels, unless checked. 

Question. Suppose the Union forces were withdrawn from those localities, what result 
would it have ? 

Answer. I do not believe there would be protection to the colored people or to the loyal 
white men, or that it would be safe for a loyal white man to reside there. 

Question. What would the rebels do ? 

Answer. I think we would not be safe in property, liberty or life. 

Question. You mean to say that you apprehend scenes of violence and outrage ? 
4 V NC SC 



50 RECONSTRUCTION. 

Answer. Yes, sir. 

Question. How do the rebels feel toward the freedmen ? 

Answer. They feel vindictive toward them because of their aid in suppressing the rebel 
lion and their steadfast loyalty to the country. 

Question. If they had the power, what kind of policy would they pursue toward the 
freedmen ? 

Answer. They would reduce them again to slavery, or its equivalent under some other 
name, so far as they could do so without interference. 

Question. Would you apprehend an expulsion of the blacks from the neighborhood ? 

Answer. Their expulsion or complete subjugation, one or the other. 

Question. Is that feeling, in your opinion, prevalent in the State of Virginia ? 

Answer. I believe that is the opinion of all the colored people without exception, and that 
is the opinion and conviction of all the white Unionists with whom I have come into corre 
spondence, many of whom are native Virginians. The native Virginians are the most decided 
in that conviction. 

Question. Do you draw these conclusions from your actual conversations with the rebel 
portion of the* community, or from the loyal portion ? 

Answer. From both, and from what I have seen and observed and know. 

Question. What is the feeling in relation to any foreign war in which the United States 
may be engaged? 

Answer. I think that, with the present feeling, it would be quite unsafe, if we would pre 
serve peace at home, to engage in foreign war. 

Question. What do you anticipate would be the course taken by the rebels ? 

Answer. I think they would make use of that opportunity to show resistance again to the 
United States government. 

Question. Would they generally join the enemies of the United States ? 

Answer. If by that course they could secure their independence, as they call it, I think 
they would. 

Question. What is the general feeling among the rebels toward the northern people ; are 
they willing to have social and commercial intercourse with them ? 

Answer. They carefully abstain from it, and persistently, so far as they can and main 
tain any of the other decent appearances of life. 

Question. How much chance does a northern Unionist stand in a State court in Virginia 
in the prosecution of his rights ? 

Answer. A very poor chance. 

Question. In an ordinary suit between a loyalist, whether northerner or southerner, and a 
rebel, would you expect that justice would be fairly administered by a State court and jury 
in Virginia / 

Answer. As a general rule, I do not. Of course there might be some jurors who would 
insist on justice being done ; but, as a general rule, I do not think there would be. 

Question. In your opinion, could one of the ringleaders of the rebellion, if brought to trial 
for treason before a jury selected in Virginia, be convicted of treason upon clear proof of his 
having participated in the war against the United States ? 

Answer. I should regret very much to have the experiment tried. 

Question. What, in your opinion, would be the result in case the proofs were clear and 
sufficient; would the jury find a traitor guilty ? 

Answer. I think the verdict of a jury could not be relied on. It might be possible that 
they would convict him, but my own opinion would be that a conviction would, not follow. 
Yot it would be possible if the jury were as fairly constituted as it might be. 

Question. Suppose the jurors were taken by lot ? 

Answer. If they were taken by lot, I do not think that a conviction would be possible. 

Question. Could you pick out a jury in the county where you live that would convict Jef 
ferson Davis of treason in case the proof was perfectly clear that he had participated in overt 
acts of war ? 

Answer. Not unless northern men should be selected as jurors, or native Virginians who 
have been loyal throughout the war, and are known to be such. 

Question. How do the rebels feel toward the freedmen ? 

Answer. Within the last six months I have had more than a hundred complaints made to 
me with reference to the abuse of freedmen by the rebels, or at their instigation. They have 
been beaten, wounded, and in some instances killed ; and I have not yet known one white 
man to have been brought to justice for an outrage upon a colored man. 

Question. Are these scenes of frequent occurrence ? 

Answer. Quite frequent. I am at present employed in the prosecution of a white man for 
hanging a colored man ; in a prosecution against a white mau for shooting, with intent to 
kill, a colored man ; in a prosecution against a mob of white men who broke into the house 
of a colored man at Portsmouth and robbed him and destroyed his property. These are 
cases still untried. I am also employed in a case in which a colored mau was beaten^ by a 
member elect to Congress. 

Question. What, if they had the power, would the rebels do with the freedmen expel 
them from the country ? 



ri ~ VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 51 

Answer. Or subject them, so that they could have their unrequited labor and be masters 
over them. 
Question. From what you have seen, are you of opinion that that feeling is extensive m 

Virginia ? 

Answer. I think it prevails as extensively as ever it did. 

Question. Are there colored schools established at Norfolk ? 

Answer. There are. 

Question. How are they regarded by the rebel whites ? 

Answer. With detestation. 

Question. Are the teachers treated with respect ? 

Answer. They are not, but quite the reverse. They do not expect to be treated with 
respect. 

Question. Is there anything else that you desire to say on this examination ? 

Answer. A year ago I thought it my duty to bring before the district court of the United 
States the right of a colored man from another State to testify in the State courts in Alexan 
dria. I filed a bill in the district court of the United States, before Judge Underwood, in 
behalf of a witness whose testimony was excluded. I held that the State law excluding his 
testimony could be treated as a nullity by the United States court, and that that right to tes 
tify should be enforced ; for which, and which only, I was indicted at the instigation of the 
governor of the State. 

Question. Indicted for what ? 

Answer. Indicted for this disloyalty to the State of Virginia. 

Question. For arguing in that way in a court ? 

Answer. Yes, sir ; for taking that position ; for that I was indicted. I want to show you 
what protection we have. I was told by the governor of the State, in view of that (although 
his opinions are ostensibly changed since) and for other reasons, that, if he had the power, 
he would build a wall as high as the clouds to exclude every Yankee from the State. 

Question. What governor said that ? 

Answer. Governor Peirpoint, He told me so to my face, and for no other reason than for 
those proceedings which he asked me to stay. I told him I would if he would pledge his in 
fluence to have a law passed allowing such testimony. 

Question. Where did you hold this interview with Peirpoint ? 

Answer. In Alexandria. 

Question. Have you anything further to state ? 

Answer. I will state, that the colored men who are here with me are delegates appointed 
at the meetings of which I spoke, and are representative men in Virginia, men of influence. 
The meetings at which these delegates were appointed numbered actually in attendance at 
least five thousand persons, and this delegation must represent at least fifty thousand per 
sons in Virginia, 



WASHINGTON, February 3, 1866. 

Dr. Daniel Norton (colored) sworn and examined. 
By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. I reside in Yorktown, Virginia. 

Question. How old are you ? 

Answer. About 20 years old. 

Question. Are you a regularly licensed physician ? 

Answer. I am. 

Question. Where were you educated ? 

Answer. In the State of New York. I studied privately under Dr. Warren. 

Question. How long have you resided at Yorktown ? 

Answer. About two years. 

Question. Are you a native of Virginia ? 

Answer. Yes, sir ; I was born in Williamsburg, Virginia. 

Question. What is the feeling among the rebels in the neighborhood of Yorktown towards 
the government of the United States ? 

Answer. They do not manifest a very cordial feeling toward the government of the United 
States. There are some, of course, who do, but the majority do not seem to manifest a good 
spirit or feeling. 

Question. How are they disposed to treat you ? 

Answer. Me, as a man, they are generally disposed to treat well, but there are others of 
my fellow-men whom they do not treat as well. 

Question. Are you employed as a physician in white families ? 

Answer. I have not been employed in any white families, except in one case, since I have 
been there. I principally practice among the colored. 

Question. How do the returned rebels treat the colored people ? 



52 RECONSTRUCTION. 

Answer. They have in some cases treated them well, but in more cases they have not. A 
number of persons living in the country have come into Yorktown and reported to the Freed- 
men s Bureau that they have not been treated well ; that they worked all the year and had 
received no pay, and were driven off on the first of January. They say that the owners with 
whom they had been living rented out their places, sold their crops, and told them they had 
no further use for them, and that they might go to the Yankees. 

Question. What is the condition of the colored people in that neighborhood ? 

Answer. They are poor, sir. There is a large settlement near Yorktown, called Slabtown, 
settled by the government during the war with those who came within the lines. The colored 
people there are doing such work as they can get to do, oystering, &c. 

Question. Are not their old masters ready to employ them for wages ? 

Answer. There have been some sent for, and in several cases they received such bad 
treatment that they came back again. (Witness related several instances of this kind.) 

Question. Are the colored people in your neighborhood willing to work for fair wages ? 

Answer. They are, sir. 

Question. Do they find any difficulty in obtaining employment at fair wages ? 

Answer. They do find some difficulty. The slaveholders, who have owned them, say that 
they will take them back, but cannot pay them any wages. Some are willing to pay a dol 
lar a month, and some less, and some are only willing to give them their clothing and what 
they eat. They are not willing to pay anything for work. , 

Question. Are the colored people generally provided with houses in which they can eat and 
sleep ? 

Answer. Yes, sir ; such houses as they have built themselves, slab-houses. 

Question. How do the colored people feel toward the government of the United States? 

Answer. They feel determined to be law-abiding citizens. There is no other feeling 
among them. 

Question. Are you a delegate sent to the city of Washington by some association ? 

Answer. I am. I was sent by three counties ; I represent, perhaps, something like fifteen 
or twenty thousand people. The great trouble, in my opinion, is, that the colored people are 
not more disposed to return to their former homes on account of the treatment which those 
who have gone back have received. 

Question. State generally whether or not the treatment which these colored people receive 
at the hands of their old white masters is kind or unkind ? 

Answer. It is not what I would consider kind or good treatment. Of course I do not 
mean to be understood that there are not some who treat them kindly, but I mean generally ; 
they do not treat them kindly. 

Question. In case of the removal of the military force from among you, and also of the 
Freedmen s Bureau, what would the whites do with you ? 

Answer. I do not think that the colored people would be safe. They would be in danger 
of being hunted and killed. The spirit of the whites against the blacks is much worse than 
it was before the war ; a white gentleman with whom I was talking made this remark : he 
said he was well disposed toward the colored people, but that, finding that they took up arms 
against him, he had come to the conclusion that he never wanted to have anything to do 
with them, or to show any spirit of kindness toward them. These were his sentiments. 



WASHINGTON, February 3 7 1866. 

Reverend William Thornton (colored) sworn and examined. 
By Mr. HOWARD : 

Question. What is your age ? 
Answer. Forty-two, sir. 
Question. Where were you born? 
Answer. In Elizabeth City county, Virginia. 
Question. What degree of education have you received ? 

Answer. My education is very narrowly limited ; I have not had the advantages of a first- 
ate education. 

Question. You can read and write? 
Answer. Yes, sir. 

Question. Can you read the Bible ? 
Answer. Oh, yes, sir. 

Question. Can you read ordinary newspapers 1 
Answer. Yes, sir. 

Question. Can you write a letter on business ? 
Answer. Yes, sir. 
Question. Were you ever a slave ? 
Answer. Yes, sir. 
Question. When were you made free ? 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 53 

Answer. I was made free under the proclamation. 

Question. Where do you reside 1 

Answer. Hampton, Elizabeth City county, Virginia. 

Question. How do the old rebel masters down there feel toward your race ? 

Answer. The feeling existing there now is quite disagreeable. 

Question. Do they not treat the colored race with kindness down there? 

Answer. No, sir. 

Question. What acts of unkindness can you mention ? 

Answer. I was asked the other day if I did not know I was violating the law in celebra 
ting marriages. I did not know that that was the case, and I went up to the clerk s office to 
inquire ; I said nothing out of the way to the clerk of the court ; I only asked him if there 
had been any provision for colored people to be lawfully married. Said he, "I do not know 
whether there is or not, and if they are granting licenses you can t have any ; that is my busi 
ness, not yours." After I found I was violating the law, I went to the Freeduien s Bureau 
and stated the case. A provision was afterwards made in the bureau granting licenses, and 
authorizing me to marry. Some days after that an old gentleman named Houghton, a white 
man living in the neighborhood of my church, was in the church. In my sermon I men 
tioned the assassination of Mr. Lincoln. Next day I happened to meet Houghton, who said 
to me, " Sir, as soon as we can get these Yankees off the ground and move that bureau, we 
will put you to rights ; we will break up your church, and not one of you shall have a church 
here. " Said I. "For what ? I think it is for the safety of the country to have religious meet 
ings, and for your safety as well as everybody else s." "We will not have it, sir," said he, 
and then he commeuced talking about two classes of people whom they intended to put to 
rights, the colored people and the loyal white men. I asked him in what respect he was 
going to put them to rights ; said he, "That is for myself." 

Question. Is he a man of standing and condition in the neighborhood? 

Answer. He owns property there. 

Question. Is he a rebel ? . 

Answer. Oh, yes. 

Question. Can you speak of any acts of violence committed by the whites upon the blacks ? 

Answer. Yes, sir ; about three weeks ago a colored man got another one to cut some wood 
for him, and sent him into the woods adjoining the property of a Mr. Britner, a white man. 
The colored man, not knowing the line between the two farms, cut down a tree on Britner s 
laud, when Britner went into the woods and deliberately shot him as he would shoot a bird. 

Question. W T as he not indicted and punished for that ? 

Answer. They had him in prison. 

Question. Is he not in prison now ? 

Answer. I heard that they had let him outlast Sunday morning. 

Question. Do you know any other instances of cruelty ? 

Answer. I have church once a month in Matthews county, Virginia, the other side of the 
bay. The last time I was over there an intelligent man told me that just below his house a 
lady and her husband, who had been at the meeting, received thirty-nine lashes for being 
there, according to the old law of Virginia, as if they had been slaves. This was simply be 
cause they were told not to go to hear a Yankee darkey talk. They said he was not a 
Yankee but was a man born in Virginia, in Hampton. 

Question. Why did they not resist being flogged 1 

Answer. They are that much down. 

Question. Did they not know that they had a right to resist? 

Answer. They dare not do it. 

Question. Why ? 

Answer. I do not know. On the 1st of January we had a public meeting there, at which 
I spoke. The next night when I was coming from the church, which is about a mile and a 
half from my house, I met a colored man who told me that there was a plot laid for me ; I 
went back to the church and got five of my church members to come with me. I afterwards 
learned that a fellow named Mahon, a white man, had determined, for my speech that day, 
to murder me the first chance. 

Question. Did that come to you in so authentic a form as to leave no doubt upon your 
mind ? 

Answer. I believe he made the threat. The next day he said to me, "We hope the time 
will come that these Yankees will be away from here, and then we will settle with you 
preachers." That gave me to understand that the threat was made. 

Question. Do you wish to state any other instances ? 

Answer. These are as many as I care to speak of. 

Question. You are up here as a delegate to make representations to the President in refer 
ence to the condition of the colored people ? 

Answer. Yes, sir. 

Question. Are you a regularly ordained minister of the gospel ? 

Answer. Yes, sir. 

Question. In what church? 

Answer. In the Baptist church. 



54 RECONSTRUCTION. 

WASHINGTON, February 3, 1866. 

Madison Newby (colored) sworn and examined. 

By Mr. HOWARD : 

Question. Have you any white blood in you ? 

Answer. No, sir. 

Question. Where were you born ? 

Answer. In Surrey county, Virginia. 

Question. How old are you? 

Answer. Thirty-three. 

Question. Can you read and write ? 

Answer. I cannot write ; I can read a little. 

Question. Can you read the Testament ? 

Answer. A little. 

Question. Have you a family ? 

Answer. Yes, sir. 

Question. Have you been a slave before the war ? 

Answer. No, sir ; I never was a slave. 

Question. How do the rebel white people treat you since the war ? 

Answer. They do not allow me to go where I came from, except I steal in there. 

Question. Why not? * 

Answer. They say I am a Yankee. I have been there, but was driven away twice ; they 
said I would not be allowed to stay there, and I had better get away as quick as possible. I 
had gone down to look after my land. 

Question. Do you own land there ? 

Answer. Yes. 

Question. How much? 

Answer. One hundred and fifty acres. 

Question. Did you pay for it ? 

Answer. Yes. 

Question. Do you stand in fear of the rebel white men ? 

Answer. Yes, sir, I do. If all the Union men that are down there would protect us we 
would not be so much afraid. I went down there to pay my taxes upon my laud, but I 
could not see any person to pay them to ; I didn t want to pay any but the United States gov 
ernment ; and finally, they told nie at the court-house that 1 had better let it alone until I 
could see further about it. 

Question. What is your land worth ? 

Answer. I gave $700 for it. 

Question. Is there a house on it ? 

Answer. Yes. 

Question. Do the colored people down there love to work ? 

Answer. They work if they can get anything for it ; but the rebel people down there who 
have got lands will not let the colored people work unless they work for their prices, and 
they drive them away. They expect colored people down there to work for ten or eighteen 
cents a day. Six or eight dollars a month is the highest a colored man can get ; of course 
he gets his board, but he may have a family of six to support on these wages, and of course 
he cannot do it. 

Question. How do you get your living? 

Answer. I am living in Norfolk at present. I piloted the Union forces there when they 
first came to Surrey ; and afterwards the rebels would not let me go back. 

Question. Were you impressed by the Union forces, or did you voluntarily act as a guide ? 

Answer. I was impressed. I told the Union forces when they came that unless they were 
willing to protect me I did not want them to take me away, because my living was there ; 
and they promised they would see to me. 

Question. Did they pay you for your services? 

Answer. No, sir. 

Question. They gave you enough to eat and drink ? 

Answer. They gave me plenty to eat when I was travelling, but nothing to drink except 
water. 

Question. Now that the blacks are made free, will they not, if left to themselves without 
the protection of the whites, become strollers and rovers about the country and live in idle 
ness, and pilfer and misbehave generally ? 

Answer. No, sir. 

Question. WhyNaot? 

Answer. Because they have all been used to work, and will work if they can get anything 
to do. 

Question. Do they not want to go away from the old places where they have been accustomed 
to live and go off west somewhere ? 

Answer. No, sir ; we want to stay in our old neighborhoods, but those of us who have gone 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 55 

away are not allowed to go back. In Surrey county they are taking the colored people and 
tying them up by the thumbs if they do not agree to work for six dollars a month ; they tie 
them up until they agree to work for that price, and then they make them put their mark to 
a contract. 

Question. Did you ever see a case of that kind ? 

Answer. Yes, sir, I did. 

Question. How many cases of that kind have you ever seen ? 

Answer. Only one ; I have heard of several such, but I have only seen one. 

Question. What is the mode of tying up by the thumbs ? 

Answer. They have a string tied around the thumbs just strong enough to hold a man s 
weight, so that his toes just touch the ground ; and they keep the man in that position until he 
agrees to do what they say. A man cannot endure it long. 

Question. What other bad treatment do they practice on the blacks ? do they whip them ? 

Answer. Yes, sir; just as they did before the war; I see no difference. 

Question. Have you seen them whipped since the war? 

Answer. Several times. 

Question. By their old masters 7 

Answer. By the old people around the neighborhood ; the old masters get other people to 
do it. 

Question. Do they whip them just as much as they did before the war ? 

Answer. Just the same ; I do not see any alteration in that. There are no colored schools 
down in Surrey county ; they would kill any one who would go down there and establish 
colored schools. There have been no meetings or anything of that kind. They patrol our 
houses just as formerly. 

Question. What do you mean by patrolling your houses? 

Answer. A party of twelve or fifteen men go around at night searching the houses of 
colored people, turning them out and beating them. I was sent here as a delegate to find 
out whether the colored people down there cannot have protection. They are willing to work 
for a living ; all they want is some protection and to know what their rights are ; they do 
not know their rights ; they do not know whether they are free or not, there are so many 
different stories told them. 

Question. Where did you learn to read ? 

Answer. I first picked up a word from one and then from another. 

Question. Have you ever been at school ? 

Answer. Never in my life. 

Question. Are the black people there anxious for education and to go to school ? 

Answer. Generally they are ; but down in my neighborhood they are afraid to be caught 
with a book. 



WASHINGTON, February 3, 1866. 
Richard R. Hill (colored) sworn and examined. 

By Mr. HOWARD : 

Question. Where do you live ? 

Answer. Hampton, Virginia. 

Question. That is where President Tyler used to live ? 

Answer. Yes, sir. 

Question. Did you know him ? 

Answer. Yes, I knew him pretty well. 

Question. Can you read and write ? 

Answer. Yes, sir. 

Question. How old are you ? 

Answer. About thirty-four years. 

Question. Were you ever a slave ? 

Answer. Yes, sir. 

Question. When did you become free ? 

Answer. When the proclamation was issued. I left Richmond in 1863. 

Question. Did you serve in the rebel army ? 

Answer. No, sir. 

Question. Or in the Union army ? 

Answer. No, sir. 

Question. How do the rebels down there, about Hampton, treat the colored people ? 

Answer. The returned rebels express a desire to get along in peace if they can. There 
have been a few outrages out upon the roadside there. One of the returned Union colored 
soldiers was met out there and beaten very much. 

Question. By whom was he beaten ? 

Answer. It was said they were rebels ; they had on Union overcoats, but they were not 



56 RECONSTRUCTION. 

United States soldiers. Occasionally we hear of an outrage of that kind, but there are none 
in the little village where I live. 

Question. What appears to be the feeling generally of the returned rebels towards the 
freed m en ; is it kind or unkind? 

Answer. Well, the feeling that they manifest as a general thing is kind, so far as I have 
heard* 

Question. Are they willing to pay the freedmen fair wages for their work ? 

Answer. No, sir; they are not willing to pay the freedmen more than from five to eight 
dollars a month. 

Question. Do you think that their labor is worth more than that generally? 

Answer. I do, sir ; because, just at this time, everything is very dear, and I do not see 
how people can live and support their families on those wages. 

Question. State whether the black people down there are anxious.to go to school ? 

Answer. Yes, sir; they are anxious to go to school ; we have schools there everyday that 
are very well filled ; and we have night schools that are very well attended, both by children 
and aged people ; they manifest a great desire for education. 

Question. Who are the teachers ; white or black? 

Answer. White, sir. 

Question. How are the white teachers treated by the rebels down there ? 

Answer. I guess they are not treated very well, because they have very little communica 
tion between each other. I have not heard of any threatening expression in regard to them. 

Question. Did you ever hear any threats among the whites to reduce your race to slavery 
again? 

Answer. They have said, and it seems to be a prevalent idea, that if their representatives 
were received in Congress the condition of the freedmen would be very little better than that 
of the slaves, and that their old laws would still exist by which they would reduce them to 
something like bondage. That has been expressed by a great many of them. 

Question. What has become of your former master? 

Answer. He is in Williamsburg. 

Question. Have you seen him since the proclamation? 

Answer. Yes, sir. 

Question. Did he want you to go back and live with him? 

Answer. No, sir; he did not ask me to go back, but he was inquiring of me about another 
of his slaves, who was with him at the evacuation of Williamsburg by the rebels. 

Question. How do you feel about leaving the State of Virginia and going off and residing 
as a community somewhere else? 

Answer. They do not wish to leave and go anywhere else unless they are certain that th? 
locality where they are going is healthy and that they can get along. 

Question. Are they not willing to be sent back to Africa ? 

Answer. No, sir. 

Question. Why not? 

Answer. They say that they have lived here all their days, and there were stringent laws 
made to keep them here; and that if they could live here contented as slaves, they can live 
here when free. 

Question. Do you not think that to be a very absurd notion ? 

Answer. No, sir; if we can get lands here and can work and support ourselves, I do not 
see why we should go to any place that we do not want to go to. 

Question. If you should stay here, is there not danger that the whites and blacks would 
intermarry and amalgamate? 

Answer. I do not think there is any more danger now than there was when slavery existed. 
At that time there was a good deal of amalgamation. 

Question. Amalgamation in Virginia? 

Answer. There was no actual marrying, but there was an intermixture to a great extent. 
We see it very plainly. I do not think that that troubles the colored race at all. 

Question. But you do not think that a Virginia white man would have connexion with a 
black woman? 

Answer. I do, sir; I not only think so, but I know it from past experience. It was nothing 
but the stringent laws of the south that kept many a white man from marrying a black woman. 

Question. It would be looked upon as a very wicked state of things, would it not, for a 
white man to marry a black woman/ 

Answer. I will state to you as a white lady stated to a gentleman down in Hampton, that 
if she felt disposed to fall in love with or marry a black man, it was nobody s business but 
hers ; and so I suppose that if the colored race get all their rights, and particularly their 
equal rights before the law, it would not him the nation or trouble the nation. 

Question. In such a case do you think the blacks would have a strong inclination to unite 
with the whites in marriage ? 

Answer. No, sir; I do not. I do not think that the blacks would have so strong an incli 
nation to unite with the whites as the whites would have to unite with the blacks. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 57 



WASHINGTON, D. C., February 3, 1866. 
Alexander Dunlop (colored) sworn and examined. 

By Mr. HOWARD : 

Question. How old are you? 

Answer. Forty-eight years. 

Question. Where do you reside ? 

Answer. In Williainsburg, Virginia. I was born there. 

Question. Have you ever been a slave ? 

Answer. Never, sir. 

Question. Are you able to read and write ? 

Answer. No, sir; I can read some. That was not allowed me there. 

Question. Can you read the Bible? 

Answer. Yes, sir. 

Question. Do you belong to a church? 

Answer. Yes ; I belong to the First Baptist church of Williamsburg. I am one of the 
leading men and trustees. 

Question. About how many are included in the church? 

Answer. Our minutes show seven hundred and thirty-six. 

Question. Do you own the church building? 

Answer. We do. 

Question. Are you a delegate to the President of the United States ? 

Answer. Yes, sir ; I was sent by my people convened at a large mass meeting. 

Question. For what purpose? 

Answer. My purpose was to let the government know our situation, and what we desire 
the government to do for us if it can do it. We feel down there without any protection. 

Question. Do you feel any danger? 

Answer. We do. 

Question. Danger of what ? 

Answer. We feel in danger of our lives, of our property, and of everything else. 

Question. Why do you feel so? 

Answer. From the spirit which we see existing there every day toward us as freedmen. 

Question. On the part of whom ? 

Answer. On the part of the rebels. I have a great chance to find out these people. I 
have been with them before the war. They used to look upon me as one of the leading men 
there. I have suffered in this war ; I w T as driven away from my place by Wise s raid ; 
and so far as I, myself, am concerned, I do not feel safe ; and if the military were removed 
from there I would not stay in \Villiamsburg one hour, although what little property I pos 
sess is there. 

Question. In case of the removal of the military, what would you anticipate ? 

Answer. Nothing shorter than death ; that has been promised to me by the rebels. 

Question. Do they entertain a similar feeling toward all the freedmen there? 

Answer. I believe, sir, that that is a general feeling. I ask them, sometimes, "Why is 
it ? we have done .you no harm." " Well," they say, " the Yankees freed you, and now let 
the Yankees take care of you: we want to have nothing to do with you." I say to them, 
" You have always been making laws to keep us here, and now you want to drive us away 
for what?" They say, "We want to bring foreign immigration here, and drive every 
scoundrel of you away from here." I tell them that I was born in Virginia, and that I am 
going to die in Virginia. "There is but one thing that will make me leave Virginia," I say, 
" and that is, for the government to withdraw the military and leave me in your hands ; when 
it does that, I will go." 

Question. Has your property been destroyed by the rebels ? 

Answer. I had not much, except my blacksmith s shop. I carried on a large business 
there. The rebels and the northern men destroyed everything I had ; what the one did not 
take, the other did ; they did not leave me even a hammer. 

Question. Have you a family ? 

Answer. Yes, sir ; a wife, but no children ; I bought my wife. 

Question. How much did you give for her ? 

Answer. I gave four hundred and fifty dollars for my wife, and seven hundred dollars for 
my wife s sister. After I bought my wife, they would not let me set her free. I paid the 
money, and got the bill of sale. 

Question. What hindered her being free? 

Answer. It was the law, they said. She had to stand as my slave. 

Question. How extensive is this feeling of danger on the part of colored people there ? 

Answer. I believe, sincerely, that it is the general feeling. 

Question. Did you ever see a black rebel, or hear of one ? 

Answer. I must be honest about that. I believe that we have had some as big rebel black 
men as ever were white. 

Question. Many? 



58 RECONSTRUCTION. 

Answer. No, sir; they are "few and far between;" but I believe that any man who, 
through this great trouble that we have had, would do anything to stop the progress of the 
Union army, was a rebel. When Wise made his raid into Williamsburg, I just had time to 
leave my house and make my escape. They broke up everything I had ; they took their 
bayonets and tore my beds all to pieces. All they wanted was Aleck Dunlop ; they wanted 
to hang him before his own door. One day, since the fall of Richmond, I met General 
Henry A. Wise at Norfolk. He spoke to me, and asked me how I was. I said, "I am 
doing a little better than could be expected." Said he, " Why ?" Said I, " Them devils of 
yours did not catch me ; I was too smart for them that morning." "Do you think," said he, 
"they would have hurt you ? " " No," said I, " I don t think so, but I know it ; they had 
orders to hang me." 

Question. Did Wise admit it ? 

Answer. He did not say so ; but he turned and went off. The day that Wise s men were 
there, my wife asked them what had I done that they wanted to hang me in preference to 
anybody else? They said it was because I was a Union man. 1 had worked for the 
rebels from the time the war broke out until General McClellan moved up ; and then they 
concocted a scheme to get me to Richmond ; but when I saw the wagon coming for me, I 
went off in the opposite direction. When General Hooker and General Kearney came there, 
they sent for me, within three hours of their arrival, and asked me about the country, 
and what I knew. I gave them all the information I could ; that, through a colored friend, 
got to the secessionists and imbittered them against me. The next Union officer who came 
there was Colonel Campbell, of the 5th Pennsylvania cavalry ; and I believe he was as 
great a rebel as Jeff. Davis. He was governor there for a long time. They captused him, 
and carried him to Richmond. 

Question. The rebels never caught you ? 

Answer. They have never caught me yet. 

Question. How do the black people down there feel about education? 

Answer. They want it, and they have a desire to get it ; but the rebels use every exertion 
to keep teachers from them. W T e have got two white teachers in Williamsburg, and have 
got to put them in a room over a colored family. 

Question. Do the black people contribute liberally to the support of their own schools ? 

Answer. They are not able, sir. The rebels made many raids there, and destroyed every 
thing they could get their hands on belonging to colored people beds and clothing. 



WASHINGTON, February 3, 1866. 

Thomas Bain (colored) sworn and examined. 
By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. Norfolk, Virginia. 

Question. How old are you ? 

Answer. I think about forty. 

Question. Have you ever been a slave ? 

Answer. Yes. 

Question. When were you made free ? 

Answer. When emancipation came, I was in Massachusetts ; I had got there on the under 
ground railroad. I went back to Virginia after the proclamation, and sent my child away to 
Massachusetts ; I have been down there ever since. 

Question. Can you read and write? 

Answer. Yes, sir. 

Question. Can you write a letter on business ? 

Answer. Yes, sir. 

Question. Can you read the Bible ? 

Answer. Yes, sir. 

Question. And newspapers? 

Answer. Yes, sir ; I subscribe to newspapers. 

Question. What is your business? 

Answer. Dentist. 

Question. Did you ever start to be a dentist ? 

Answer. Yes, sir ; I was raised in the business. 

Question. Where? 

Answer. In Norfolk. I spent ten years at it in Norfolk, and ten years in Massachusetts. 

Question. Have you a family ? 

Answer. My wife died some time after I was married ; I have one child a daughter. 

Question. Are you here as a delegate from the colored people of Norfolk ? 

Answer. Yes, sir. 

Question. To make representations to the President ? 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 59 

Answer. Yes, sir. 

Question. Have you had an interview with him ? 

Answer. No, sir. 

Question. What is the feeling on the part of white rebels at Norfolk towards the colored 
people ? 

Answer. Their feelings are very hard terrible. I have had a chance to travel around 
some, preaching. 

Question. Do you preach ? 

Answer. Yes, sir; I am a volunteer missionary a self-sustaining one. The church, under 
whose auspices I act, is not taxed for my services ; neither are the people ; I make my prac 
tice as I go along; just enough to support me; I can reach most of them in that way; 
I have a permanent office ; and then I travel about the State and preach. 

Question. To what denomination do you belong ? 

Answer. The Wesleyan Methodist. 

Question. You preach to the colored people ? 

Answer. Yes; I have had occasion, of course, to visit a great many. 

Question. How are the black people treated in Virginia by the whites since the close of 
hostilities ? 

Answer. The only hope the colored people have is in Uncle Sam s bayonets ; without 
them, they would not feel any security; and what is true of the colored people in that re 
spect, is also true of the Union men ; the secessionists do not seem to discriminate between 
them ; they do not seem to care whether a northern man is with us or not with us ; if he is a 
Yankee, that is enough ; they hardly wait to examine what his views are ; it is not uncom 
mon to hear such threats as this: "We will kill one negro, at least, for every rebel soldier 
killed by them." 

Question. Did you, yourself, ever hear such a threat as that made ? 

Answer. I have heard it at night, in the streets of Norfolk. (Witness related some inci 
dents going to show how much afraid the colored people there are of ill treatment from the 
whites. ) Last June there was a threat by a white citizen of Norfolk to get up a riot. 

Question. Did he get one up ? 

Answer. Yes ; they got one up. 

Question. What did it result in? 

Answer. It resulted in three colored men being shot. One white man got shot through 
the shoulder; had his arm amputated, and died. It was got up to attack the colored people, 
and clear all the negroes out of the city. 

Question. Are the colored people whipped now as they used to be ? 

Answer. Not in my vicinity ; I only hear reports of that. 

Question. Have you heard of cases of whipping by white men ? 

Answer. Yes, sir. 

Question. During the summer ? 

Answer. Yes, sir. 

Question. Many cases ? 

Answer. Yes, sir ; and it is not so much that the colored people are afraid of the white 
people, as it is that they are a law-abiding people. 

Question. Do they submit to be whipped ? 

Answer. They do, in places near where there are military men. They, fool the colored 
people into believing that the military ordered them to be whipped; they do not want to 
resist the government. 

Question. Are the black people down there fond of education ? 

Answer. I think that they are excelled by no people in an eagerness to learn. 



WASHINGTON, February 3, 1866. 
Edmund Parsons (colored) sworn and examined. 

By Mr. HOWARD : 

Question. How old are you? 

Answer. A little over fifty. 

Question. Where do you reside ? 

Answer. In Williamsburg, Virginia. 

Question. Can you read and write ? 

Answer. I can read a little. I have been a regular house-servant, and I had a chance to 
turn my attention to it. 

Question. Have you ever been a slave ? 

Answer. Yes, sir. I have been a slave from my childhood up to the time I was set free 
by the emancipation proclamation. 

Question. How do the black people in your neighborhood feel toward the rebels ? 



60 RECONSTRUCTION. 

Answer. I did think myself always secure with the whites ; but it is very different now 
sir, very different. 

Question. Do you stand in fear of them ? 

Answer. Yes, sir. 

Question. What have you to be afraid of? 

Answer. When the Union forces came there first a good many officers became attached 
to me and my wife, and we felt perfectly secure ; but now the rebels use the officers that are 
there "to pull the chestnuts out of the fire." 

Question. Have you heard threats of violence by white rebels against the blacks ? 

Answer. Yes. 

Question. What do they threaten to do ? 

Answer. They threaten to do everything they can. My wife died about a year ago. I 
had a house, where I had been living for twenty years. A lawyer there went and got the 
provost marshal to send a guard and put me out of my house. They broke my things up, 
and pitched them out, and stole a part of .them. 

Question. The Union guard ? 

Answer. Yes, sir ; it is a positive fact. They put me out of my own house. That was 
January, 1865. 

Question. What was the pretext for putting you out ? 

Answer. My wife had been left free. She had a half-sister and a half-brother ; and they 
pretended to be owners of the property where I had been living all my lifetime. 

Question. Who was the provost marshal? 

Answer. Reynolds. 

Question. Do the returned rebels threaten to commit violence on the colored people there ? 

Answer. I can hear people complaining of that ; but I have really been so mortified at the 
bad treatment I received, that I have not paid much attention. 

Question. How do the colored people feel in regard to education ? 

Answer. They are very anxious to get education, and feel grateful for it. 

Question. Are you a member of a church ? 

Answer. Yes, sir. I have been deacon of the Baptist church for years. It is pretty much 
my living. 

Question. Are you willing to go away and leave old Virginia ? 

Answer. No, sir. 

Question. Why not ? 

Answer. I would rather stay in Virginia. 



WASHINGTON, February 6, 1866. 
D. B. White sworn and examined. 
By Mr. HOWARD : 

Question. Of what State are you a native ? 

Answer. Of the State of New York. 

Question. Are you in the public employment now ? 

Answer. I am not. 

Question. Have you been ? 

Answer. Yes, sir. 

Question. In what capacity ? 

Answer. I have been an officer in the army for nearly four years. 

Question. What commission did you hold ? 

Answer. I held the commissions of captain, major, lieutenant colonel, and colonel. 

Question. In what States have you passed the most of your time during that period ? 

Answer. In the States of Virginia, North Carolina and South Carolina. 

Question. State whether you have had command of troops there. 

Answer. Yes, sir. I had command of a regiment a portion of the time. The best oppor 
tunity I had to observe the state of things in the country was in the winter of 1863, when I 
spent most of the time south of Norfolk, on the line between Virginia and North Carolina, 
and went out on scouting parties through Cainden and Currituck counties. 

Question. Have you been situated since the close of the war so as to acquaint yourself 
with the condition of things in those counties ? 

Answer. Since the close of the war I have been more particularly acquainted in Virginia. 

Question. Have you been stationed in Richmond ? 

Answer. Yes, sir ; I have been stationed near Richmond, at Manchester, and at Williams- 
burg, Newport News, and at Hampton, after the war. 

Question. While thus stationed did you mingle freely with the people in Virginia? 

Answer. Yes, sir. I had considerable opportunities. As our regiment was isolated at 
times from other troops, we were brought in contact very much with the citizens. 

Question. How long did you thus remain in command in Virginia ? 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 61 

Answer. From the 3d of April, when Richmond was taken, until the 31st of August, when 
I was mustered out. 

Question. You then left the State, I suppose ? 

Answer. I am living in the State now, at Hampton. My family moved there, and that is 
my residence. 

Question. When did you go to live at Hampton 1 

Answer. About the 5th of October, 1865. 

Question. Are you well acquainted with the feeling of the rebel people of Virginia towards 
the federal government and towards the loyal people ? 

Answer. Yes, sir ; I have had quite an opportunity of becoming acquainted, and I have 
some knowledge of the facts. 

Question. What is that feeling, so far as you know ? 

Answer. So far as I have been able to learn, it is very bitter. The feeling is not only 
bitter, but frequent manifestations of hostility are made. I would not be understood as say 
ing that I have seen any manifestations of a desire to take up arms. 

Question. Has that feeling exhibited itself in scenes of violence ? 

Answer. Yes, sir. 

Question. State any incident that may have come under your observation. 

Answer. The first incident that comes to my mind is this : A man near Richmond, after 
the closeof the war, in my presence and in the presence of one or two officers of my regiment, 
declared his intention ever to resist the government of the United States whenever an oppor 
tunity presented itself. 

Question. Had this man been a rebel officer ? 

Answer. He had been connected with the rebel service in some way, I am not positive 
that he was an officer. I rather think, upon second thought, he was. 

Question. State whether you have heard the like declaration from any other persons of 
condition and influence in Virginia. 

Answer. The person who is now deputy sheriff of Elizabeth City county, residing at 
Hampton, expressed his wish to organize what he could of the remaining forces of Virginia, 
or the people of the community, to drive out of that part of the country every Union man, 
whether of the south or of the north. He made some considerable threats. 

Question. Was this in your hearing ? 

Answer. No, sir ; but it came to me by the best of evidence. I was one day crossing 
Hampton roads in a steamboat, when I overheard a conversation between two persons 
whom I judged to be southerners from their appearance and style, and their manner of talk, 
and from the subject on which they talked. They talked very bitterly, and expressed them 
selves with a great deal of vehemence, not only towards me but towards all the Union peo 
ple. The conversation commenced upon Yankees, as they termed them, who came from 
the north ; and then they spoke about all the Union people. They said that those who had 
been unfaithful to the State ought to be treated in a similar manner. 

Question. What kind of treatment had they been speaking of? 

Answer. They had been speaking of myself personally, about throwing me overboard, and 
speaking of my Union sentiments. 

Question. Had they been threatening to throw you overboard ? 

Answer. They did not threaten me, but made the remark that I should be thrown over 
board ; they made the remark that such a man ought to be hung. I am publishing a Union 
newspaper at Hampton. These two individuals were talking together and I overheard them. 
I did not pretend to notice it, because it might lead to a difficulty, which I wished to avoid. 
The colored people are often assailed and treated badly by that class of persons, and, but for 
the Freedmen s Bureau, I think they would have no protection at all. 

Question. Suppose the protection of the Freedmen s Bureau was withdrawn, and the Union 
troops were withdrawn, what would be the treatment of the whites towards the freed blacks ? 

Answer. In my candid opinion, the condition of the blacks would be worse than slavery. 
That may-seem an extravagant expression, but I have thought of it a good deal. The op 
pression they would endure would be worse than the former state of things. In many in 
stances it is now. The protection of the Freedmen s Bureau does not extend as generally 
throughout the country as it is hoped it will ; and in some of these places where the bureau 
does not extend these people are treated very badly. They are employed, and, when their 
time expires, they are turned off without clothing or any remuneration, and very often the 
vagrant laws, as they are termed, have been attempted to be enforced, and have been to 
some extent, although I think the Freedmen s Bureau are looking up these matters so as to 
extend protection to the freedmen. 

Question. Are the whites who employ freedmen in the habit of whipping them ? 

Answer. There have been frequent instances of that. A few days before I left Hampton 
I heard of an instance of the kind where two persons were whipped, one of them with an 
unaccountable number of stripes over a hundred. 

Question. What effect has President Johnson s liberality in granting pardons and amnes 
ties had upon the temper of the rebels where you have been 1 

Answer. It has never in my estimation mollified them in the least. They have been just 
as much imbittered towards the colored people and toward the Union people, both northern 



62 RECONSTRUCTION. 

and native southern, as they were before. In fact, as far as my observation extends, before 
Congress met, and when they were quite sanguine in the expectation that the States were 
going to be admitted to Congress, and when everything was moving favorably, they were ex 
ceedingly triumphant and overbearing, and often used haughty expressions to the effect that 
they were going to have the matters in their own hands and have things their own way ; 
and they indulged in threats to Union men of the chances and opportunities they would have 
under the new state of things. 

Question. Have you ever heard among any influential and intelligent rebels any conver 
sation respecting a war between the United States and a foreign country, and what the rebels 
would do in such an event 1 

Answer. 1 do not know that I have heard any such conversation recently. 

Question. How does Governor Peirpoint s government in Virginia, so to speak, affect the 
minds of the Virginians generally ; do they like or dislike it ? 

Answer. I guess that his administration is becoming extremely unpopular on all sides. 
I speak of the Union people. They are decidedly unfavorable to Governor Peirpoint. 

Question. What, in their minds, is the great defect in his administration ? 

Answer. They think he has been forgetful of the Union people and of the principles of the 
Union, and that he has succumbed or yielded to the dictation and wishes of the old confed 
erates. In all his appointments he has shown his partiality to rebels. 

Question. Has that been the cause of much discontent among the loyal people of Virginia? 

Answer. It has been the cause of much dissatisfaction. There was a time when the Union 
people of the State of Virginia were very much disheartened and discouraged, but recently 
they have been looking up with more hope and a brighter expectation. 

Question. Have you heard anything said by the rebels about the payment of the war 
debt? 

Answer. Yes, sir ; I have in some instances. 

Question. What do they say ? 

Answer. They speak in favor of a repudiation of the national debt. I heard one man say 
at Hampton (although he has since denied the interpretation given to the remark) that his 
expectation was, that if they were going now to establish the Union they should repudiate 
both debts or pay both debts. 

Question. Is he a man of influence? 

Answer. He is a man of a great deal of influence. He is a physician, and is quite popu 
lar, although he ran for office and was defeated. I think he was not in the war, although I 
cannot say positively. He is quite an influential man. 

Question. Have you any reason to believe that feeling is very general in Virginia ? 

Answer. Yes, sir ; I think it is. 

Question. Would a majority of the people of Virginia vote to-day, if they had the oppor 
tunity, to repudiate both debts, or one debt? 

Answer. I think they would repudiate the national debt by a vote, and a very strong vote, 
too. 

Question. And would there be a like vote given for the payment of the rebel war debt ? 

Answer. I do not think they would go so strongly for that. It is not natural to suppose 
they would. But if they repudiate the one they would repudiate both. If the northern debt 
was paid they would insist upon assuming the rebel debt. 

Question. How is it with the blacks in Virginia ; are they generally friendly to the govern 
ment of the United States ? 

Answer. Very. I never saw any people more faithful than they have been. They are 
quiet and peaceable. Just before the holidays there were a great many reports that they 
were getting up an insurrection, and they felt very much aggrieved about it. It worried 
them that there should be such reports. They had mass meetings in which they passed res 
olutions and expressed themselves very strongly upon it, denouncing any colored people 
who should ever think or speak of an insurrection. They were very strong in denunciations 
of anything of the kind. 

Question. State whether there is generally a fear or apprehension of danger on the part of 
the freedmen from their old rebel masters or from the whites generally. 

Answer. There is, in some instances, in Surrey county. There are some colored people 
living at Hampton and Newport News who dare not go to Surrey county, although their 
families are there, and there are colored people in Surrey county who dare not go away from 
there. Some have got away, and that is how we are made aware of the facts. They try to 
enforce the vagrant laws without having it come to the knowledge of the Freedmen s Bureau. 
Captain Flagg is an agent of the Freedmen s Bureau, stationed at Norfolk. Several in 
stances have occurred where officers of the State attempted to enforce the vagrant laws, and 
sold colored people for the coming year sold them to service. I made a statement to that 
effect. Captain Flagg denied the statement, as he thought it could not be the case. But 
he afterwards ascertained that the facts did exist, and he wrote to me stating the circum 
stances. 

Question. What is the general feeling among the white Virginians in respect to southern 
independence 1 

Answer. I am confident they would all prefer a state of independence. I have never heard 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 63 

any expressions otherwise. They speak of the Union now and say, "We will make the 
best of it. We have taken the oath now, and must make the best of it." They claim to be 
loyal, but they express their regret that they are not independent and could not succeed. 
They speak of "folding- away the flag of their country in tears;" complaining about the 
loyal people plundering and spoiling and robbing their country. 

Question. How do they treat, socially, persons coming from the north to settle or to trans 
act business with them ? 

Answer. So far as I have an opportunity to know, they are very indifferent and treat them 
coldly. In Hampton the northern men who are doing any business, so far as I know, are 
doing it with the colored people and Union w r hites. I speak of the loyal whites as a class, 
bat they are a very limited class. Since the war it is much easier to know who is a loyal 
man than it was during the war, because the rebels assisted in drawing the line of demarca 
tion, and in some instances they knew wheie our forces did not know. 

Question. Would the masses of white Virginians be better pleased to be separated politi 
cally from the north ? 

Answer. I think they would. I think they would vote by a very large majority almost 
unanimously to accomplish it, if they could. 

Question. Have you any reason to believe that they still entertain schemes of separation 
and independence ? 

Answer. I do not think they have any immediate plan of organizing. Yet I have fre 
quently thought, and so expressed myself to friends, that they entertain the hope now just as 
they did formerly. In and about Norfolk the secessionists almost all have arms. Through 
out the country they have arms. When they go to market they put arms in their wagons. 

Question. What kind of arms ? 

Answer. Muskets and pistols. There are a great many muskets scattered throughout the 
country. 

Question. What chance has a northern man or a Unionist for justice in the State courts of 
Virginia ? 

Answer. He has not any chance at all. I would not go before one of those courts, if I 
could avoid it, under any circumstances, because there is no justice there at all. 

Question. When you say there is no chance, do you mean to say that the bias and ill 
feeling on the part of court and jury are-so great against the Unionists north and south that 
they would not be able to obtain their rights ? 

^ Answer. Yes, sir. The bias is so great that they could not even entertain a hope of get 
ting justice according to their interpretation of their own State laws. 

Question. Are northern immigrants welcome among them, or are they regarded as unwel 
come visitors ? 

Answer. They are very unwelcome ; expressions of that kind are very frequent. 

Question. In case a northern man should purchase real estate among them, /would he be 
safe in the enjoyment of his property ? 

Answer. I think he would not. A man bought a farm near Hampton under a confiscation 
sale ; he was down at Hampton a month or so ago ; two of his neighbors came in who had 
had a claim upon the farm formerly ; very evidently, from the manner of their talk and the 
way they told their story, they came there for the purpose of making trouble with this man. 
Both of them were armed, and if the man had not had assistance, I do not know but that they 
would have killed him. I wrote an application for that Union man to General Miles to attend 
to the matter and give him protection. 

Question. What are you by profession ? 

Answer. A minister ; when the war commenced I was preaching in the Methodist Episco 
pal church. 

Question. State whether the old connexions between the Methodists of the south and of 
the north have been dissolved ? 

Answer. They were dissolved before the war, and have not been reunited. 

Question. Has any effort been made to reunite them ? 

Answer. There has been some talk of it ; I do not know that there has been any special ef 
fort made ; that is, some people have spoken of it. but I have never seen any indication par- 



times. The feeling of the church seemed to be about the same in regard to the abolition 
preachers, as they call the preachers in the northern church ; they had a bitter feeling towards 
what they called the abolitionists. 

Question. Do you regard it as likely that the Methodist church north and south will be 
soon reunited ? 

Answer. I do not ; I think it is impossible to accomplish that. 

Question. Is there any manifestation of willingness on the part of southern Methodists ? 

Answer. No, sir ; there is not. I think there is generally an unwillingness. 

Question. Do you think of any other circumstance that you wish to relate 1 

Answer. I do not think of anything more now. 



64 RECONSTRUCTION. 

WASHINGTON, February 7, 1866. 
Charles Douglas Gray sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside? 

Answer. In Augusta county, Virginia. 

Question. Are you a native of Virginia ? 

Answer. Yes, sir. 

Question. And have always resided in the State ? 

Answer. Yes, sir. 

Question. You have been a loyalist during the war? 

Answer. Yes, sir ; uniformly so. I, however, voted for the ratification of the ordinance of 
secession. That is the only act I am ashamed of in the whole transaction ; I was forced to do 
it, by the pressure of the moment. 

Question. Have you been so situated as to be tolerably well acquainted with the state of 
public feeling among the white people of Virginia since the close of hostilities ? 

Answer. I have not ; I have stayed very closely at home on my farm, and have mingled 
very little with the people. 

Question. Are you well acquainted with the state of public feeling in Augusta county ? 

Answer. Yes, sir ; I think I am. 

Question. Have you been holding any public position there since the war ? 

Answer. No, sir. 

Question. Nor during the war ? 

Answer. No, sir ; none at all. 

Question. State what is the general feeling among the ex-rebels, the once disloyal people 
of that county, towards the government of the United States. 

Answer. I would say that the majority of the people of Augusta county accept the result 
of the war in a spirit of resignation and submission ; they are resigned to the result. There 
is a large portion of the population of Augusta who were thoroughly loyal men all the time ; 
we always believed that more than one-half of them were loyal, but in the elections we have 
had we have been largely out-voted. We have a Dunker population a religious denomina 
tion, non-combatants which we were not able to get to the polls, and the consequence was 
that there was a smaller Union vote than there were Union voters in the county. 

Question. Why did the Dunkers refuse to go to the polls ? 

Answer. Immediately after the surrender they did go to the polls to make an effort to elect 
little local Union officers, and were defeated, and we could not get them to the polls again, 
when we had the congressional election. Mr. Lewis was candidate of the Union party in our 
district, and Mr. Alexander H. H. Stuart the candidate of the other party. I do not mean to 
be understood as saying that Mr. Stuart is not a loyal man ; I think that a majority of the 
people of Augusta county are now loyal to the government of the United States. 

Question. Have the goodness to explain a little more fully what is understood by the 
phrase "accepting the situation." 

Answer. It is a phrase that is used by the secessionists. The Union men never use it. As 
I understand it, they mean by that phrase this : that they appealed^to arms, to the arbitra 
ment of the sword, as they say ; that the decision was against them,*and that now they sub 
mit to the authority of the United States, forced by the military power of the government. 
That is what I understand by the term. 

Question. Is not that the way they understand it ? 

Answer. I cannot say ; that is the way I understand it ; they acknowledge that they are 
whipped, and soundly whipped. 

Question. Do they not feel better for it? 

Answer. Not so much as they ought to do, but I think they will ultimately. That is as 
near as I can describe it. 

Question. Since the close of hostilities, do they appear to entertain feelings of respect and 
attachment to the government of the United States ? 

Answer. I would rather you would ask them in regard to that. 

Question. I ask how they appear. 

Answer. Well, they are submissive, and that is about as far as I know. They grumble a 
good deal ; they complain of the taxes ; and they are very much in favor of the President s 
policy ; they extol that ; they think that the test-oath is an unconstitutional outrage. I 
think that the people are a great deal sounder than the politickins a great deal. I believe 
in the loyalty of a large majority of the people of Augusta county. There are a great many 
individuals in the county who, no doubt, deeply regret the result; but, seeing now that it 
was inevitable, they are going now to obey the laws, and I have no doubt that in a year or 
two they will be a great deal happier than they ever were, and will love the Union and the 
government of the country. You may remember that Augusta county was one of the 
strongest Union counties in the State ; that it was an old Henry Clay whig county, and that 
it stuck to the Union not so long as, I think, it ought to have done but it stuck to it until 
their State pride induced them to go over ; they thought it was their duty to stand by their 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 65 

State. It is a Scotch-Irish population, and you know the temper of that population : when 
their blood is heated, there is not a more tenacious population in the world. They were the 
last to go into the war and they were the last to give it up. They did not lose a great many 
slaves. In old Virginia, where they lost most heavily in the slave population, they were 
more overwhelmed by the result than were the people in the valley. In old Virginia they 
thought the loss of slavery was the loss of everything worth living for; but we had few 
slave s. Then Sheridan s burnings exasperated them very much, although there was always 
more Unionism in Augusta and in the valley than in eastern Virginia. 

Question. Do you think that those persons in the county who took up arms against the 
United States are beginning to regret that they struck at Uncle Sam ? 

Answer. I cannot say hat. In a general way they say that it would have been better not 
to have begun it, as it ended as it has : but if it had ended differently I do not think they 
would have regretted it. 

Question. What is your profession? 
: Answer. I am a farmer now. I have been a lawyer. 

Question. What chance does a Unionist, either a Virginian or a northern man, stand in 
the State courts there for justice? 

Answer. I believe that I could get justice in any of the courts in Augusta county. I 
would not be at all afraid to go before a jury even of secessionists. There would be preju 
dices if it were a question connecting itself in any way with politics ; but I would not, in 
an ordinary case, fear injustice. I would not feel at all insecure. 

Question. How would it be with a man from one of the northern States ? 

Answer. I believe that he would get justice. 

Question. Would he stand as good a chance as you would ? 

Answer. I believe so. There is a prejudice existing among the secessionists against Yan 
kees, as they are called a strong prejudice; but, nevertheless, I believe they could get 
justice. 

Question. Is there much immigration from the north into that part of the valley ? 

Answer. There is a disposition, I think, in our section to encourage the introduction of 
northern capital. 

Question. Suppose a northern man, of very decided anti-slavery feelings, who had been 
an advocate for the prosecution of the war to put down the rebellion, should go there to set 
tle, and buy land and become a permanent resident, how would he be treated ? 

Answer. I think that at the start he would be treated with reserve. It would take some 
time for him to get on social terms with his neighbors ; but they would not molest him. 

Question. You have no apprehensions of that kind ? 

Answer. None at all. 

Question. How do the secessionists there feel generally toward the emancipated blacks ? 

Answer. Well, the prejudice is pretty strong against the blacks. However, they want 
black labor, and they hire them readily, pay them their wages, and treat them well. 

Question. Do you know of any combinations existing in the county to keep down the 
wages of the freedmen ? 

Answer. None at all. I think that they can get good w r ages and can get employment as 
much as they like. 

Question. You are acquainted with the state of public feeling in Virginia in other locali 
ties, to some extent ? 

Answer. Yes, to some extent ; but I cannot speak with any confidence or with any per 
sonal knowledge. 

Question. Have you any reason to suppose that the secessionists still harbor, directly or 
indirectly, the project of secession or southern independence ? 

Answer. I do not believe there is such a project harbored in any section of the State. 

Question. Suppose the United States were engaged in a war with a foreign power, such 
a* England or France, in a close hand-to-hand contest, as it probably would be, how w r ould 
you regard the secession people of Virginia in relation to the United States ? 

Answer. Well, sir, I will give you my view upon that subject. The secessionists were 
very angry with England for not recognizing them. I think they were more dissatisfied with 
England s course than the United States were. There would be a great many secessionists 
who would like to avenge themselves upon England. I believe that if there were a war of the 
character you describe, a great many would stand by the government, not from any very great 
love for the United States, but because they hate England for the course she pursued for 
her duplicity for her not recognizing and helping them. There are others who, very proba 
bly, if they had an opportunity, would join the British arms. I think there are very few men 
of that character in the State very few who would join the enemy, at least until they saw 
very plainly that England was going to whip ; I doubt whether any of them would. 

Question. You think that a few would join the enemy, especially if they imagined that the 
enemy was going to be successful ? - 

Answer. Yes, sir. 

Question. How large a proportion is there of that class of persons? 

Answer. I think that they constitute a very small portion. I do not believe they consti 
tute one-twentieth or one-fiftieth of the population. Indeed I do not know that any of them 
5 V Nn go 



66 RECONSTRUCTION. 

would ; it is merely a surmise. I am giving my best impressions of the feeling in the State. 
I have heard a great many of them say that they would like to have an opportunity of fighting 
England. 

Question. But suppose this exigency should present itself; suppose the old secession party 
in Virginia and in other rebel States should imagine that this war presented an occasion which 
might enable them to secure their own national independence, what course would they pur 
sue then ? 

Answer. In answer to that question, I would say that, in my opinion, if the real feelings 
and sentiments and inclinations of the majority of the people of Virginia to-day could be ascer 
tained in a quiet way, not by a public election, but in a quiet way, by going to their firesides, 
a majority would be found in favor of remaining in the Union in preference to having their 
independence. 

Question. And do you think that feeling is gradually being strengthened ? 

Answer. I think so. I think that that feeling is gradually increasing in the State. 

Question. How do they regard their leaders in the rebellion, such as General Lee and other 
distinguished men ? 

Answer. There is a great disposition to reward them ; a decided disposition to reward the 
men who have fought for their country. 

Question. What does this feeling rest upon more particularly the admiration of the voters 
for the gallantry and bravery of the leader for whom they are asked to vote, or their love for 
the old lost cause ? 

Answer. I think it is the feeling of respect and admiration for the man who fought for the 
State, although he was wrong in doing so. 

Question. For his display of gallantry and skill ? 

Answer. Yes, sir ; for his display of gallantry in defence of the soil of the State. 

Question. Depending more on that feeling than on dislike to the United States ? 

Answer. I think so. 

Question. How is Jefferson Davis regarded down there by the secessionists ? 

Answer. He is very bitterly denounced and accused by the secessionists, more so, I think, 
than he ought to be. 

Question. Was he ever very popular in Virginia ? 

Answer. No, sir. After the State seceded Mr. Davis started with great popularity ; but 
now they must have a scapegoat, and the disposition is to make Mr. Davis that scapegoat. 
They attribute to him the failure of the cause to his blindness ; his stubbornness ; his inter 
ference with officers ; his self-will, and all that. I always say that I do not think it was Mr. 
Davis who ruined the confederate cause at all ; that it would have been ruined anyhow. I 
think that few men could have kept it on its feet as long as he did. I think that if we had 
kept McClellan they would have kept up the war a year or two longer. There is another 
feeling a feeling of great bitterness toward the republican party ; to the black republicans. 
The secessionists in Virginia are very bitter toward the men and measures which saved the 
Union ; to what we understand as the Union party of the country. But that is politics ; they 
want to see the republican party thrown out of power. 

Question. What, so far as you know, appears to be their ulterior political designs ? 

Answer. I think they only want the offices. 

Question. What is their idea of proceeding ? what alliance do they propose to form ? 

Answer. They want to organize a great conservative party. That party will, of course, 
embrace all the copperheads and a sufficient number of others to get into power. 

Question. You have very little doubt about their entertaining that purpose ? 

Answer. I have very little doubt about their wanting to get into power not the least doubt 
about that. 

Question. What, in your judgment, has been t^e general effect of the liberality of President 
Johnson towards the rebel community ? 

Answer. It 



Question. Has it increased or diminished the attachment of the people to the government 
of the United States. 

Answer. I do not think it has diminished the attachment of the people to the United States 
government ? 

Question. How do rebels, who have been pardoned there, generally speak of the government 
of the United States in terms of respect, or of contumely and defiance ? 

Answer. They speak generally in terms of great respect for the President and his policy, 
and of great denunciation of those who oppose him. 

Question. Among the people at large in your vicinity, what is the feeling toward the freed- 
man ? Is there a disposition to keep him under ; to withhold from him the ordinary rights 
and privileges of a free man ; to constrain him to labor for under-wages, or for no wages ; to 
treat him with contempt and injury, or with justice 1 

Answer. I will endeavor to give you some idea of that. You must remember that the 
relation has been suddenly and violently changed between the white man and the black 
man. From a slave he has suddenly become a free man. Before the abolition of slavery, 
and before the war, it was the policy of the slaveholders to make a free negro as despicable a 
creature and as uncom Portable as possible. They did not want a free negro about at alL 
They considered it an injury to the slave, as it undoubtedly was, creating discontent among 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 67 

the slaves. The consequence was that there was always an intense prejudice against the 
free negro. Now, very suddenly, all have become free negroes ; and that was not calculated 
to allay that prejudice. But that feeling is in my section of the country gradually subsiding. 
There is a great deal less feeling of that kind now than there was six or eight months ago. 
They all predict, of course, that the negro will not work ; that some means will have to be 
found by which he can be forced to work, or that he will not work. However, they hire 
them, and I hear very little complaint. There is great dissatisfaction, of course, with the 
abolition of slavery. We have not become reconciled to that. 

Mr. HOWARD. The coat does not fit ? 

WITNESS. The coat does not fit at all ; but I have no doubt that in course of time they will 
be reconciled to it, and a better feeling will exist toward the negro. 

Question. State whether you have noticed anything like a general repugnance on the part 
of whites to the black man becoming the owner of lands, houses, and other property. 

Answer. There was at the start. A great many houses were burned down in my neigh 
borhood, which it was feared would be rented to negroes. They do not like negro families 
to settle in the neighborhood if they can prevent it ; but that feeling, too, is not so strong 
as it was six months ago. They are beginning to see that it was a mistaken policy. They 
are beginning to see that they require and need the negro labor. I do not know (to be per 
fectly frank and candid) but that the predominant feeling in the State is a disposition to get 
rid of them at present. I think, however, that that feeling will change sooner or later. 

Question. Must it not necessarily change ? 

Answer. I think it must necessarily change. 

Question. Must it not necessarily, in the end, change to a feeling which would retain the 
black laboring man in the midst of the white people as a laborer? 

Answer. I would think so. They are making a great effort to introduce foreigners. My 
own opinion is that our negroes will be a great deal better laborers, and that the people will 
see it. That was my view from the start. 

Question. At the present time, of course, there is no great friendship for negro schools ? 

Answer. No ; there is a disposition to laugh it down, to ridicule it, and make fun of it. 

Question. Have you yourself noticed the capability of the black to acquire learning in the 
ordinary elements of education? 

Answer. I have not ; but I have no doubt at all of it. 

Question. What do you hear said of it generally by those who have given attention to 
that subject? 

Answer. There has been very little attention given to that subject. There are a great 
many negroes in our country who learned to read when it was against the law to teach them. 
The children of the families would teach them their A, B, C s, arid they would go on from 
that to learn to read. The children would sit upon their laps and teach them to read. At 
present the negro himself is in a restless, unsettled condition, which is a very natural thing; 
and there is a disposition on their part to congregate in the towns, which is a misfortune for 
them. 

Question. Do they congregate there for mutual protection? 

Answer. I do not know, sir. There is a great deal of disposition on their part to go to house 
keeping. Their idea of liberty and independence is to keep house ; and no matter what sort 
of a shanty or shelter they can get up, they prefer that. But they will soon see that that is 
not a wise course at all, and that they will starve if they congregate in towns where there is 
no employment. 

Question. What is the general susceptibility of the negro for religion ? Is he more or less 
religious in His nature than the white man ? 

Answer. He is very susceptible to religious impressions, and prefers the more emotional 
forms of religion the Methodist and the Baptist. 

Question. Is he not inclined to be superstitious ? 

Answer. Ye., sir, very. 

Question. More than the white man ? 

Answer. Well, I do not know that he would be. The ignorant white people are as super 
stitious as the negroes. 

Question. Do you think of any particular facts that you would wish to incorporate in 
your statement, illustrating your ideas ? 

Answer. No, sir ; I think that if the right course is pursued down south, we can have 
the best peasantry in the world by securing the negro in all his civil rights. I do not mean 
by that the right of suffrage at present ; I do not think they are in a condition at present to 
exercise that right ; I think that in the course of a generation, when they have been educa 
ted, it will be time enough to agitate that question. But let the negro understand that he is 
a bona Jide free man, and that his wages will be paid, and let him understand the worth of 
money, (he does not understand the worth of money now, and has no idea of the expenses 
of housekeeping, ) and I think he will be industrious and frugal. I have known a great 
many very successful negroes. 

Question. Do you think that there is, as a general thing, a feeling of unkindness on the 
part of the negroes toward the white people ? 

Answer. I do not think there is at all ; in my section there is none at all 



6 8 RECONSTRUCTION. 

Question. Do you think there is any danger of negro insurrection in your neighborhood ? 

Answer. We have no apprehension whatever. There are too few there, in the first place. 

Question. So far as your knowledge extends in Virginia, have you any reason to appre 
hend any danger from the negroes 1 

Answer. I have none. I have heard some gentlemen express some apprehension, hut they 
did not seem to be very serious at all. 

Question. Have the negroes arms 1 

Answer. Not that I know of. 

Question. Have these secessionists, who have been in the rebellion, generally arms at their 
dwellings 1 

Answer. I do not know ; the officers retained their side-arms, and you may often see a 
gentleman riding with pistols ; there are some few fowling-pieces and arms of that kind iu 
the neighborhood. If there are arms I have no knowledge of them. 

Question. You have no reason, so far as your observation extends, to apprehend a revival 
of the rebellion 1 

Answer. None, whatever. People are thinking about their private business ; they want togo 
to work to repair their losses ; they do not wish any more war, domestic or foreign war, if it 
can be avoided. They are tired of war. They knew nothing of what war w r as before the re 
bellion ; they had no idea at all of the kind of war they were engaging in ; they are heartily 
sick of war. They are an afflicted people, terribly afflicted ; almost all of them have lost sons 
or brothers ; the country is full of widows and orphans and destitute people. I think that, 
on the whole, the people are bearing their misfortunes with cheerfulness and fortitude, and 
are anxious now just to get the means of restoring their losses, and if politicians would let 
them alone, I think there would be no trouble whatever. 

Question. You have journeyed up and down the valley continually during and since the 
war? 

Answer. No, sir ; during the war I staid very close at home ; I was in a very critical 
position all the time, and I never left home when I could help it. 

Question. You did not think it necessary to leave home? 

Answer. No, sir, not at all. The President s proclamation ordered me to go home and stay 
there, and I obeyed that proclamation. 

Question. Within the circle of your personal observation, what is the appearance of the 
country where those armies have marched ? 

Answer. From Harper s Ferry to New Market, which is about eighty miles, from one 
mountain to the other, the country was almost a desert. There were no fences. Speaking of 
the condition of the valley after General Sheridan retired, I described wheat-fields growing 
without any enclosure ; some one asked me whether the stock would not destroy the wheat. 
I said Certainly, if General Sheridan had not taken the precaution of removing all the 
stock." We could cultivate grain without fences, as we had no cattle, hogs, sheep or horses, 
or anything else. The fences were all gone ; some of the orchards w r ere very much injured, 
but the fruit trees had not b,een, as a general thing, destroyed. The barns were all burned ; 
a great many of the pfivate dwellings were burned ; chimneys standing without houses, and 
houses standing without roof, or door, or window ; a most desolate state of affairs ; bridges all 
destroyed, roads badly cut up. Large armies, whether friendly or hostile, are devouring ani 
mals. There is no question about that. The damage was not all done by the federals. 

Question. The general appearance of the valley was desolate ? 

Answer. Very much so. 

Question. Probably no section of the country has suffered so severely as the valley of the 
Shenandoah ? 

Answer. Except, perhaps, from Alexandria to the Rapidan ; that has suffered perhaps as 
much as the valley. 

Question. Almost every proprietor suffered in some degree ? 

Answer. Oh, certainly, every farmer ; I suffered less myself, I believe, than any fanner. 
Tltere was not a federal soldier on my farm during the war. That was owing to the happy 
location of my property. It was not in a good military position. The battle of Piedmont 
was fought two and a half miles from my aoor; but I had a blessed little river running iu 
front of my house, which happened not to be fordable at the time, and so I escaped. 
Question. Were you ever arrested by either party? 

Answer. No, sir ; I never was arrested. I was sometimes in very great apprehension of 
being arrested. 

Question. Was your house molested ? 

Answer. Never, sir. I lived most of the time in tbe town of Harrisonburg. While I 
was there, my house and yard were filled alternately with federal soldiers and confederate 
soldiers, all hungry, and 1 fed them all as long^ as I had a mouthful of bread in my house. 
I never had the slightest reason to complain ot the soldiers of either army. 
Question. And you have seen the play ? 
Answer. Yes, sir ; I have seen the whole of it. 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 69 

WASHINGTON, February 7, 1866. 
John F. Lewis sworn and examined. 

By Mr. HOWARD : 

Question. Where do you reside ? 

Answer. Rockingham county, Virginia. 

Question. What is your profession or occupation ? 

Answer. Farmer. 

Question. How long have you resided in Rockingham county ? 

Answer. I was born there and have lived there ever since. I have never resided anywhere 
else. 

Question. Are you well acquainted with the state of public feeling in your vicinity ? 

Answer. I think I am pretty well. 

Question. Do you hold any official position ? 

Answer. No, sir. 

Question. What is the general feeling on the part of secessionists there towards the gov 
eminent of the United States? 

Answer. I do not believe that a majority of the people there are loyal according to my un 
derstanding of the term. They profess to be loyal. My understanding of the term " loyal 
is respect, love, devotion. These feelings do not exist to any great extent in any portion ot 
the State where I have been. But I believe if not interfered with by the political aspirants 
and newspaper editors, they could soon be induced to cultivate love and devotion to the gov 
eminent of the United States. 

Question. Has a large proportion of them engaged in the war against the government ? 

Answer. Yes ; a large proportion of them either voluntarily or involuntarily engaged in the 
rebellion. I suppose that in the latter part of the war a majority of them were conscripts. 

Question. Are you prepared to say that a majority of the people of that county are, in 
feeling, friendly to the United States? 

Answer. I have had no means of ascertaining that except in the elections that have taken 
place ; and they have indicated no friendly feeling to the government. 

Question. How do you explain that indication what is it ? 

Answer. I do not believe that a man who had been an uncompromising Union man through 
out the rebellion can be elected to any position either of trust or profit. 

Question. What description of persons have generally been elected in that county ? 

Answer. Men who have been in the rebel army. There were some restrictions placed upon 
them by the law, but they have been removed by the present legislature. 

Question. What were those restrictions ? 

Answer. The Alexandria constitution, as it was called, restricted the elective franchise to 
persons who had been loyal during the war. That restriction has been removed by the leg 
islature now in session at Richmond. The clause in the constitution imposing restrictions 
upon voters on account of disloyalty was so framed as that the legislature might, if it saw 
fit, repeal it. That repeal was submitted to the voters of the State at the last election, inclu 
ding loyal as well as disloyal ; and they almost unanimously decided in its favor, so that the 
restriction was taken off. 

Question. Would an out-and-out Union man stand any chance of being elected in that 
county now ? 

Answer. I think not. 

Question. Do the secessionists there entertain any desire or any purpose to renew the war 
for southern independence ? 

Answer. No, sir ; I do not think they do. I believe the impression is universal, almost, that 
they are powerless to renew the war. 

Question. Suppose they had the power and the means to renew the war, what course do you 
think they would take ? 

Answer. I think a great majority of them would bejieutral ; would not take either side. 
Some of them would take sides against the United States, and some of them for, but a ma 
jority would, I think, be neutral. 

Question. You have heard the question I have put to Mr. Gray respecting the course that 
would be pursued by the secessionists there in the event of a war between the United States 
and a foreign power? 

Answer. Yes, sir. 

Question. You heard his answer? 

Answer. I did not concur fully with Mr. Gray in that. 

Question. Give your own views. 

Answer. I think a great many of them would take part against the United States. I often 
hear the secessionists there (they are all termed secessionists now with very few excep 
tions) I often hear that class of persons who were in the army say that they would rejoice to see 
the United States well thrashed by England and France ; and I think that in the event of a 
war there would be some apprehension of trouble. I have some apprehension there would be 
trouble in the State. I know one thing that if there was a war between the United State 



70 RECONSTRUCTION. 

and any foreign power of any considerable magnitude, I should endeavor to get north of the 
Potomac. I should not feel safe in remaining where I am. 

Question. How extensive is that feeling among the Union people in your vicinity ? 

Answer. I think if they were satisfied that there was to be a war between the United 
States and any foreign power of any considerable magnitude, the feeling to get away would 
be pretty general among the Union people. I do not think they would feel secure. 

Question. Have you any reason to apprehend that the secessionists in your part of the 
State, and where you are acquainted, still entertain projects of secession or southern inde 
pendence ? 

Answer. No, sir ; I think not. I think they have abandoned all such ideas. If they have 
any such they are kept a profound secret. I was a member of the convention which passed 
the ordinance of secession. I refused to vote for the ordinance of secession throughout, and 
I refused to sign the ordinance after it was passed. I was the only member of the conven 
tion east of the Alleghany mountains who refused to sign the ordinance of secession, for which 
I was threatened repeatedly. They threatened to hang me several times, and I had some 
little apprehension at one time that they would do it. But I remained there throughout, and, 
beyond some denunciation and abuse, I was not molested. 

Question. You felt constrained to keep a pretty close mouth during the war ? 

Answer. I was not as prudent probably as I ought to have been. I was so ardent and de 
voted a Union man that I could not keep prudent all the time. 

Question. We have had accounts of the secret session of the secession convention in Vir 
ginia were you in the convention at that time ? 

Answer. Yes, sir. 
* Question. Are you at liberty to state anything about it ? 

Answer. Oh yes, sir ; the restriction has been removed. 

Question. Did all the members of the convention attend that secret session ? 

Answer. Yes, sir ; the body met in secret session for some days previous to the passage of 
the ordinance of secession. 

Question. What was the object of the secrecy, to discuss the question more freely ? 

Answer. I always believed that the object was to impose upon the Union sentiment of the 
country, and prevent the people from knowing anything that was doing there. 

Question. You were not in the secret of the secrecy ? 

Answer. No, sir. 

Question. Was Governor Wise a member of that convention ? 

Answer. Yes, sir; he was the leader of the secession party? 

Question. Did he attend the secret sittings ? 

Answer. Yes, sir ; all the members attended. I do not think that any member of the con 
vention refused to attend the secret session. Most of the business was transacted in the latter 
part in secret session. 

Question. State how prominent Wise was in his advocacy of secession. 

Answer. Well, sir, he was generally conceded to be the leader of the secession party there, 
although he professed to be a Union man. Ho said to me on one occasion, Lewis, you 
help to save the negro, and I will help you to save the Union." He was endeavoring to 
persuade me at his desk to adopt his views; I remarked to him that I was not an abolitionist, 
and I went on to argue the question with him. He caught at that idea, and said "You help 
me to save the negro, and I will help you to save the Union." My impression was that his 
plan would destroy both ; he went on to prove to me that I was mistaken. 

Question. I suppose he was perfectly confident of success in the enterprise ? 

Answer. I think so. 

Question. His idea was, that by seceding and gettirg np a southern confederacy, slavery 
would be perpetuated and placed beyond the reach of black republicans and abolitionists ? 

Answer. Yes, sir, I think that was the idea, although Mr. Wise has written a letter since 
the surrender of the rebel army, saying that he was convinced long before the close of the 
war that slavery was an evil, and that if the south had been successful he had intended to 
canvass the State for the abolition of slavery. I do not think that that is generally believed 
by the people of Virginia. 

Question. Was Mr. James M. Mason a member of that convention? 

Answer. No. sir. 

Question. Was Alexander H. H. Stuart? 

Answer. Yes, sir, he was. 

Question/ How did he vote on the question of secession? 

Answer. He voted against the ordinance of secession. The final vote stood 88 to 55. The 
ordinance was passed by 33 majority, but finally Mr. Stuart signed the ordinance. 

Question. I suppose that that was a mere authentication of the paper ? 

Answer. Yes, sir. He said he regarded it in that light. Mr. Stuart was a Union man. 

Question. Was George W. Summers, from the Kanawha district, a member of that con 
vention ? 

Answer. Yes, sir. 

Question. How did he vote ? 

Answer. He voted against the ordinance. He did not return to the convention, and I am 



VIRGINIA NORTH CAROLINA SOUTH CAROLINA. 71 

not able to say whether he signed the ordinance or not. He took no part in the war, I 
believe. I heard him roundly abused for not taking the southern side. While the conven 
tion was still in session, I went to the house of Mr. John Minor Botts, in Richmond, on the 
16th of April, 1861, and he informed me that he had been to Washington a few days before, 
and had had an interview with Mr. Lincoln, in which interview Mr. Lincoln informed him 
that he had sent a special messepger to Richmond for George W. Summers to come to 
Washington ; and in the event of his not being able to come, to send some reliable Union 
man to consult with him on important matters. Mr. Summers, from some cause or other, 
did not go, but sent Colonel John B. Baldwin, of Augusta county, Virginia. Mr. Lincoln 
informed Mr. Botts that he had made this proposition to Colonel Baldwin: that if that con 
vention would adjourn without passing an ordinance of secession, he (Mr. Lincoln) would 
take the responsibility of withdrawing the troops from Fort Sumter. Colonel Baldwin de 
clined to accede to it, and no such proposition was ever made or communicated to the con 
vention. Next morning I took Colonel Baldwin to the house of Mr. Botts, who told him he 
was informed that such an interview had taken place. Colonel Baldwin did not deny it. In 
answer to Mr. Botts s question of how, in the name of God, he could take the responsibility 
of withholding the knowledge of such an interview from the convention, Colonel Baldwin 
remarked that it was then near the hour for the meeting of the convention, and that he was 
compelled to be there, but would see him again. No such communication was ever made, 
to the best of my knowledge